Jackson v. Martinez

Filing 31

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/06/21 RECOMMENDING that petitioner's motion for immediate release 28 be denied. Motion 28 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YONNIE JACKSON, 12 Petitioner, 13 14 No. 2:17-cv-1311 TLN CKD P v. FINDINGS AND RECOMMENDATIONS JOSE MARTINEZ, et al., 15 Respondents. 16 Petitioner is a California prisoner proceeding with a petition for a writ of habeas corpus 17 18 under 28 U.S.C. § 2254. The petition challenges a San Joaquin County conviction for attempted 19 murder and other offenses and is submitted to the court for decision. On December 9, 2020, petitioner filed a motion seeking immediate release due to what 20 21 petitioner describes as harmful conditions of confinement arising from Covid-19. Assuming, for 22 the sake of argument, that petitioner has a claim upon which he might be able to proceed under 23 the Eighth Amendment in a 28 U.S.C. § 2254 petition, such a claim has to be raised in a separate 24 habeas petition as the basis for relief is not related in any meaningful way to the claims presented 25 in the petition before the court. See Rule 2(e), Rules Governing Section 2254 Cases. Petitioner is 26 informed that if he elects to file a separate habeas action, relief cannot be granted unless petitioner 27 has exhausted state court remedies with respect to his claims. 28 U.S.C. § 2254(b)(1). 28 ///// 1 1 2 Accordingly, IT IS HEREBY RECOMMENDED that petitioner’s motion for immediate release (ECF No. 28) be denied. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 objections shall be served and filed within fourteen days after service of the objections. The 9 parties are advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: January 6, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 1 jack1311.ir 18 19 20 21 22 23 24 25 26 27 28 2

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