In re Armando E. Herrera

Filing 37

ORDER signed by Magistrate Judge Allison Claire on 10/15/15 ORDERING that Petitioner's requests for unspecified relief (ECF Nos. 32 , 36 ) are DENIED. The Clerk of the Court is directed to send petitioner a copy of the prisoner complaint form used in this district.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO E. HERRERA,

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Petitioner,

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v.

No. 2:14-cv-2939 KJM AC P

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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Petitioner is a state prisoner proceeding pro se on an application for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Petitioner has filed two letters with the court in which he requests

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unspecified relief because officers are violating his constitutional rights by (1) harassing him and

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threatening to transfer him to a prison where his enemies are located once the instant case has

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concluded, in retaliation for filing the instant petition and (2) putting him in danger by labeling

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him as a gang member and a snitch. ECF Nos. 32, 36.

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Petitioner is advised that claims concerning the conditions of his confinement and

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violations of his constitutional rights are properly raised in a civil rights complaint filed pursuant

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to 42 U.S.C. § 1983, which provides a remedy for violations of civil rights by state actors. A

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habeas corpus petition is the correct method for a prisoner to challenge the “legality or duration”

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of his confinement. Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (quoting Preiser v.

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Rodriguez, 411 U.S. 475, 485 (1973); 28 U.S.C. § 2254. Therefore, petitioner must bring these
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claims in a civil rights action after the inmate grievance process has been properly exhausted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s requests for unspecified relief (ECF Nos. 32, 36) are denied.

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2. The Clerk of the Court is directed to send petitioner a copy of the prisoner complaint

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form used in this district.

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DATED: October 15, 2015

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