Riel v. Woodford

Filing 589

ORDER signed by Magistrate Judge Deborah Barnes on 02/05/20 DENYING 588 Petitioner's request. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES D. RIEL,

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Petitioner,

No. 2:01-cv-0507 MCE DB
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

ORDER

Respondent.

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On January 2, 2020 the undersigned received a handwritten filing from the petitioner,

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Charles Riel. (ECF No. 588.) The court notes that petitioner is represented by counsel in this

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action and pro se filings by a represented party are improper. See United States v. Gwiazdzinski,

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141 F.3d 784, 787 (7th Cir. 1998). Petitioner should address any issues regarding this action with

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his attorney. Accordingly, the court will deny the request made in petitioner’s pro se filing.

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Additionally, petitioner stated several complaints related to petitioner’s conditions of

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confinement. To the extent petitioner seeks to challenge his conditions of confinement he may

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exhaust all available administrative remedies and file an action pursuant to 42 U.S.C. § 1983. See

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Crawford v. Bell, 599 F.2d 890, 891-92 (9th Cir. 1979) (Claims regarding the conditions of

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petitioner’s confinement, as opposed to the validity or duration of his confinement, must be

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brought in a civil rights action.). Review of the Inmate Locator Website operated by the

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California Department of Corrections and Rehabilitation1 indicates that petitioner is presently

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housed at San Quentin State Prison. Accordingly, any civil rights action should be brought in the

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United States District Court for the Northern District of California which is the appropriate venue

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for conditions of confinement claims originating at San Quentin State Prison.
For the reasons set forth above, IT IS HEREBY ORDERED that petitioner’s request (ECF

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No. 588) is denied.

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Dated: February 5, 2020

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DB:12
DB/orders-capital/riel.pet

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See https://inmatelocator.cdcr.ca.gov/search.aspx. This court may take judicial notice of facts
that are capable of accurate determination by sources whose accuracy cannot reasonably be
questioned. Fed. R. Civ. P. 201.
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