Riel v. Woodford

Filing 617

ORDER signed by Magistrate Judge Deborah Barnes on 3/7/2023 ORDERING the Clerk to serve a copy this order on the Litigation Coordinator at San Quentin State Prison.(Yin, K)

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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,

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ORDER

Respondent.

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The court has received two handwritten letters from the petitioner, Charles Riel. (ECF

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Nos. 615, 616.) The court notes that petitioner is represented by counsel in this action and pro se

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filings by a represented party are improper. See United States v. Gwiazdzinski, 141 F.3d 784,

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787 (7th Cir. 1998). Petitioner is encouraged to address any issues regarding this action with his

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attorney. The court notes that although petitioner indicates dissatisfaction with his attorney, it

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does not appear at this time that he is requesting a change of counsel at this time. (ECF No. 616

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at 2-3, 5.)

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Additionally, petitioner indicated dissatisfaction with the conditions of his confinement.

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(ECF No. 615 at 8.) To the extent petitioner seeks to challenge his conditions of confinement he

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

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See 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.

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In light of petitioner’s statement that he intends to go on a hunger strike (ECF No. 615 at

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6; ECF No. 616 at 4), the Clerk of the Court will be directed to serve a copy of this order on the

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Litigation Coordinator at San Quentin State Prison.

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For the reasons set forth above, the Clerk of the Court is ORDERED to serve a copy of

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this order on the Litigation Coordinator at San Quentin State Prison.

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Dated: March 7, 2023

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

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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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