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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIS MARK HAYNES,

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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]

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On February 5, 2018, Petitioner filed the instant petition for writ of habeas corpus. He

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complains that the Warden has interfered with his law library access and denied him access to the

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courts. The Court finds that Petitioner fails to establish grounds for habeas corpus relief, and that

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the proper avenue for his complaints is a Bivens action pursuant to Bivens v. Six Unknown

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Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Accordingly, the Court will

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recommend that the petition be DISMISSED without prejudice to filing a Bivens action.

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DISCUSSION.

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In this action, Petitioner challenges the authority of the Warden to restrict law library

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access. Petitioner is advised that a civil rights action, not a habeas corpus proceeding, is the

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proper mechanism for a prisoner seeking to challenge the conditions of his confinement. See

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Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971);
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Crawford v. Bell, 599 F.2d 890, 891-892 (9th Cir. 1979) (upholding dismissal of petition

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challenging conditions of confinement, the Ninth Circuit noted that “the writ of habeas corpus is

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limited to attacks upon the legality or duration of confinement.”); see, e.g., Blow v. Bureau of

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Prisons, 2007 WL 2403561 at *1 (E.D.Cal. Aug. 20, 2007) (habeas relief under § 2241 does not

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extend to petitioner’s request for access to law library because it concerns conditions of his

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confinement); Boyce v. Ashcroft, 251 F.3d 911, 914 (10th Cir. 2001), vacated on other grounds

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by Boyce v. Ashcroft, 268 F.3d 953 (10th Cir. 2001)(“[P]risoners . . . who raise constitutional

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challenges to other prison decisions-including transfers to administrative segregation, exclusion

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from prison programs, or suspension of privileges, e.g., conditions of confinement, must proceed

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under Section 1983 or Bivens.”). Accordingly, Petitioner is not entitled to habeas corpus relief

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under § 2241 and this action should be dismissed without prejudice to his filing a Bivens civil

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rights action.

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In Nettles v. Grounds, the Ninth Circuit held that a district court has the discretion to

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construe a habeas petition as a civil rights action under § 1983. Nettles v. Grounds, 830 F.3d 922,

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936 (9th Cir. 2016). However, recharacterization is appropriate only if it is “amenable to

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conversion on its face, meaning that it names the correct defendants and seeks the correct relief,”

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and only after the petitioner is warned of the consequences of conversion and is provided an

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opportunity to withdraw or amend the petition. Id. Here, the Court does not find

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recharacterization to be appropriate because the instant petition is not amenable to conversion on

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its face. Accordingly, the Court should not exercise its discretion to recharacterize the action.

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The Court will recommend that the Clerk of Court provide blank forms for filing a Bivens action.

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ORDER

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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

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DISMISSED without prejudice to Petitioner commencing a Bivens action, and the Clerk of Court

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be DIRECTED to provide Petitioner with blank forms for filing a Bivens action.
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This Findings and Recommendations is submitted to the United States District Court

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Judge assigned to the case pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304

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of the Local Rules of Practice for the United States District Court, Eastern District of California.

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Within twenty-one days after being served with a copy of this Findings and Recommendations,

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Petitioner may file written objections with the Court. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations. The Court will then review

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the Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). Petitioner is advised that

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failure to file objections within the specified time may waive the right to appeal the Order of the

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District Court. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

February 8, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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