Haynes v. Matevousian

Filing 4

ORDER DIRECTING Clerk of Court to Assign District Judge; FINDINGS and RECOMMENDATIONS to Dismiss 1 Petition for Writ of Habeas Corpus; Twenty-One Day Deadline signed by Magistrate Judge Jennifer L. Thurston on 2/8/2018. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 3/5/2018(Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIS MARK HAYNES, 12 13 14 15 16 Petititoner, No. 1:18-cv-00178-JLT (HC) ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE v. ANDRE MATEVOUSIAN, FINDINGS AND RECOMMENDATIONS TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS Respondent. [TWENTY-ONE DAY DEADLINE] 17 18 On February 5, 2018, Petitioner filed the instant petition for writ of habeas corpus. He 19 complains that the Warden has interfered with his law library access and denied him access to the 20 courts. The Court finds that Petitioner fails to establish grounds for habeas corpus relief, and that 21 the proper avenue for his complaints is a Bivens action pursuant to Bivens v. Six Unknown 22 Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Accordingly, the Court will 23 recommend that the petition be DISMISSED without prejudice to filing a Bivens action. 24 DISCUSSION. 25 In this action, Petitioner challenges the authority of the Warden to restrict law library 26 access. Petitioner is advised that a civil rights action, not a habeas corpus proceeding, is the 27 proper mechanism for a prisoner seeking to challenge the conditions of his confinement. See 28 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971); 1 1 Crawford v. Bell, 599 F.2d 890, 891-892 (9th Cir. 1979) (upholding dismissal of petition 2 challenging conditions of confinement, the Ninth Circuit noted that “the writ of habeas corpus is 3 limited to attacks upon the legality or duration of confinement.”); see, e.g., Blow v. Bureau of 4 Prisons, 2007 WL 2403561 at *1 (E.D.Cal. Aug. 20, 2007) (habeas relief under § 2241 does not 5 extend to petitioner’s request for access to law library because it concerns conditions of his 6 confinement); Boyce v. Ashcroft, 251 F.3d 911, 914 (10th Cir. 2001), vacated on other grounds 7 by Boyce v. Ashcroft, 268 F.3d 953 (10th Cir. 2001)(“[P]risoners . . . who raise constitutional 8 challenges to other prison decisions-including transfers to administrative segregation, exclusion 9 from prison programs, or suspension of privileges, e.g., conditions of confinement, must proceed 10 under Section 1983 or Bivens.”). Accordingly, Petitioner is not entitled to habeas corpus relief 11 under § 2241 and this action should be dismissed without prejudice to his filing a Bivens civil 12 rights action. 13 In Nettles v. Grounds, the Ninth Circuit held that a district court has the discretion to 14 construe a habeas petition as a civil rights action under § 1983. Nettles v. Grounds, 830 F.3d 922, 15 936 (9th Cir. 2016). However, recharacterization is appropriate only if it is “amenable to 16 conversion on its face, meaning that it names the correct defendants and seeks the correct relief,” 17 and only after the petitioner is warned of the consequences of conversion and is provided an 18 opportunity to withdraw or amend the petition. Id. Here, the Court does not find 19 recharacterization to be appropriate because the instant petition is not amenable to conversion on 20 its face. Accordingly, the Court should not exercise its discretion to recharacterize the action. 21 The Court will recommend that the Clerk of Court provide blank forms for filing a Bivens action. 22 ORDER 23 24 25 26 The Court ORDERS that the Clerk of Court shall randomly assign a district judge to this case. RECOMMENDATION Accordingly, the Court RECOMMENDS that the Petition for Writ of Habeas Corpus be 27 DISMISSED without prejudice to Petitioner commencing a Bivens action, and the Clerk of Court 28 be DIRECTED to provide Petitioner with blank forms for filing a Bivens action. 2 1 This Findings and Recommendations is submitted to the United States District Court 2 Judge assigned to the case pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 3 of the Local Rules of Practice for the United States District Court, Eastern District of California. 4 Within twenty-one days after being served with a copy of this Findings and Recommendations, 5 Petitioner may file written objections with the Court. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations. The Court will then review 7 the Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). Petitioner is advised that 8 failure to file objections within the specified time may waive the right to appeal the Order of the 9 District Court. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 11 12 IT IS SO ORDERED. Dated: February 8, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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