Donley v. Beard
Filing
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ORDER DENYING 24 Motion for Access to Law Library, signed by Magistrate Judge Jennifer L. Thurston on 03/21/2017. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SHAWN ARLIN DONLEY,
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Petitioner,
v.
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JEFFREY BEARD,
Respondent.
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Case No.: 1:15-cv-01816-DAD-JLT (HC)
ORDER DENYING MOTION FOR ACCESS TO
LAW LIBRARY
[Doc. 24]
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Petitioner filed a petition for writ of habeas corpus on December 4, 2015. Respondent filed a
response to the petition on April 8, 2016. Petitioner filed his traverse on June 20, 2016.
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On March 20, 2017, Petitioner filed a motion for law library access. He states he has made
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numerous requests to the Madera County Department of Corrections, but those requests have been
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denied because Madera County does not provide a law library. Petitioner states he needs access in
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order to conduct further research in this case.
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Such a claim is not properly brought in a petition for writ of habeas corpus. A habeas corpus
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petition is the method for a prisoner to challenge the “legality or duration” of his confinement. Badea
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v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (quoting Preiser v. Rodriguez, 411 U.S. 475, 485 (1973)).
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On the other hand, a civil rights action pursuant to 42 U.S.C. § 1983 is the proper method for a
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prisoner to challenge the conditions of that confinement. McCarthy v. Bronson, 500 U.S. 136, 141-42
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(1991); Preiser, 411 U.S. at 499. Because Petitioner’s request concerns the conditions of his
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confinement and this action is proceeding under 28 U.S.C. § 2254, the Court must dismiss Petitioner’s
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request.
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In addition, the Court notes that briefing has concluded in this matter with the filing of
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Petitioner’s traverse. There are no pending deadlines and the case is awaiting a decision by the Court.
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Therefore, there is no basis for Petitioner’s request to conduct research in this case. Accordingly,
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Petitioner’s request for law library access is DENIED.
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IT IS SO ORDERED.
Dated:
March 21, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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