Cogswell v. Cate

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/04/13 ordering that petitioner's application for a writ of habeas corpus 1 is dismissed and the clerk is directed to close this case. CASE CLOSED. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY IVAN COGSWELL,

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Petitioner,

No. 2:12-cv-2807 CKD P

vs.
MATTHEW CATE,
Respondent.

ORDER
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Petitioner, a state prisoner proceeding pro se, has filed a complaint challenging his

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conditions of confinement at his current and former places of incarceration on a form for a

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petition for a writ of habeas corpus. Petitioner has paid the $5.00 filing fee and consented to

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jurisdiction by a United States Magistrate Judge.

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Petitioner fails to state a cognizable habeas corpus claim. Petitioner is clearly

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attempting to challenge his conditions of confinement, and, in particular, the services provided to

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ADA inmates at High Desert State Prison and some of his former places of incarceration.

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Petitioner acknowledges that he has filed a complaint challenging his conditions of confinement

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on a habeas corpus form, but asks the court to construe his filing as a claim brought under the

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Americans with Disabilities Act. (Dkt. No. 1 at 10.) The court will not do so. If petitioner

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wishes to file a complaint challenging his conditions of confinement, he must file it on the proper
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form and pay the appropriate filing fee, which is $350.00. Accordingly, the petition will be

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dismissed.

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Good cause appearing, IT IS HEREBY ORDERED that petitioner’s application

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for a writ of habeas corpus (Dkt. No. 1) is dismissed and the clerk is directed to close this case.

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Dated: March 4, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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cogs2807.dismiss

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