Cooper v. Price et al

Filing 15

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/21/14 ORDERING the clerk of court assign a District Judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Also, RECOMMENDING that the petition be dismissed pursuant to Rule 4 of the Rules Governing Habeas Corpus Case under section 2254. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY LEE COOPER,

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Petitioner,

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No. 2:14-cv-0664 CKD P

v.

ORDER AND FINDINGS AND

WARDEN J PRICE, et al.,

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RECOMMENDATIONS

Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges that overcrowded conditions in the state’s

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prisons have resulted in violations of his constitutional rights. He seeks relief in the form of a

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“prison overcrowding reduction plan consistent with the principles of Equal Protection.” (ECF

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No. 1.)

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Petitioner’s challenge to his conditions of confinement is properly the subject of an action
brought pursuant to 42 U.S.C. § 1983. As the United States Supreme Court has stated:
Federal law opens two main avenues to relief on complaints related
to imprisonment: a petition for habeas corpus, 28 U.S.C. § 2254,
and a complaint under the Civil Rights Act of 1871, Rev. Stat. §
1979, as amended, 42 U.S.C. § 1983. Challenges to the validity of
any confinement or to particulars affecting its duration are the
province of habeas corpus, Preiser v. Rodriguez, 411 U.S. 475, 500
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(1973); requests for relief turning on circumstances of confinement
may be presented in a § 1983 action. . . . Federal petitions for
habeas corpus may be granted only after other avenues of relief
have been exhausted. 28 U.S.C. § 2254(b)(1)(A). [Citation.]
Prisoners suing under § 1983, in contrast, generally face a
substantially lower gate, even with the requirement of the Prison
Litigation Reform Act of 1995 that administrative opportunities be
exhausted first. 42 U.S.C. § 1997e(a).

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Muhammad v. Close, 540 U.S.749, 750-751 (2004) (per curiam).
Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254 provides for

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summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and

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any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the

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instant case, it is plain from the petition and appended exhibits that petitioner is not entitled to

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federal habeas relief. Therefore, the petition should be summarily dismissed.1
In accordance with the above, IT IS HEREBY ORDERED that the Clerk of Court assign a

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district judge to this action.
IT IS HEREBY RECOMMENDED that the petition be dismissed pursuant to Rule 4 of

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the Rules Governing Habeas Corpus Cases Under Section 2254.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, petitioner may file written

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objections. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Petitioner is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: March 21, 2014

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2 / coop0554.R4

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

Petitioner may re-file the instant claims in an action pursuant to section 1983. Petitioner is
advised that the statutory filing fee for such an action is $350.00. 28 U.S.C. §§ 1914(a),
1915(b)(1). A section 1983 inmate plaintiff proceeding in forma pauperis is obligated to pay this
fee in monthly installments from his or her prison trust account.
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