Mills v. California Medical Facility

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/16 ORDERING that this action is construed as a civil rights action pursuant to 42 U.S.C. § 1983; The petition is DISMISSED with 30 days to file a civil rights complaint; failure to file a complaint will result in dismissal of this action; The Clerk of the Court is directed to send plaintiff the form for a civil rights action brought by a prisoner pursuant to 42 U.S.C. § 1983.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WAYNE MILLS,

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No. 2: 16-cv-2766 JAM KJN P

Petitioner,
v.

ORDER

CALIFORNIA MEDICAL FACILITY,

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Respondent.

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Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma

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pauperis.

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Petitioner challenges his conditions of confinement at the California Medical Facility

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(“CMF”). For example, petitioner alleges that he suffers back pain because of an improper

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mattress. The purpose of a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is to

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challenge the legality or validity of a conviction or sentence. The purpose of a civil rights action

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pursuant to 42 U.S.C. § 1983 is to challenge conditions of confinement. Because petitioner

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challenges conditions of confinement, this action is construed as a civil rights action pursuant to

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42 U.S.C. § 1983.

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Accordingly, the petition is dismissed with thirty days to file a complaint on the complaint
form provided by the Clerk of the Court. Following receipt of the complaint, the court will
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evaluate petitioner’s application to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. This action is construed as a civil rights action pursuant to 42 U.S.C. § 1983;

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2. The petition is dismissed with thirty days to file a civil rights complaint; failure to file a

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complaint will result in dismissal of this action;
3. The Clerk of the Court is directed to send plaintiff the form for a civil rights action

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brought by a prisoner pursuant to 42 U.S.C. § 1983.

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Dated: December 23, 2016

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Mill2766.ord

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