Housh v. Rackley

Filing 69

ORDER DENYING 68 REQUEST FOR ASSISTANCE. Signed by Judge Haywood S. Gilliam, Jr. on 5/13/2020. (ndrS, COURT STAFF) (Filed on 5/13/2020)Any non-CM/ECF Participants have been served with this order and two blank copies of the civil rights complaint by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARLOS C. HOUSH,
Petitioner,

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United States District Court
Northern District of California

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v.

Case No. 17-cv-04222-HSG
ORDER DENYING REQUEST FOR
ASSISTANCE
Re: Dkt. No. 68

RONALD RACKLEY,
Respondent.

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Petitioner, a pro se prisoner, filed this action for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. Petitioner has filed a letter with the Court, alleging that he has been placed in

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administrative segregation in retaliation for his attempting to amend his petition to add a claim of

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sentencing error and that prison officials are refusing to release his court mail and legal mail. Dkt.

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No. 68. Petitioner requests “assistance/court enforcement.” Id.

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Petitioner’s request for court assistance is DENIED. Dkt. No 68. To the extent that

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petitioner seeks redress for, or remedy with respect to, the alleged retaliation, the alleged

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unjustified placement in administrative segregation, and the denial of access to his legal and court

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mail, these are claims that challenge his conditions of confinement and must be brought in a civil

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rights action pursuant to 42 U.S.C. § 1983. Hill v. McDonough, 547 U.S. 573, 579 (2006)

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(challenges to lawfulness of confinement or to particulars affecting its duration are the province of

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habeas corpus; challenge to circumstances of confinement may be brought under section 1983);

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Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016) (section 1983 action is the exclusive remedy

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for claims by state prisoners that do not “lie at the ‘core of habeas corpus’”) (quoting Preiser v.

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Rodriguez, 411 U.S. 475, 487 (1973)). Petitioner’s request is therefore DENIED without

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prejudice to raising these claims in a civil action pursuant to 42 U.S.C. § 1983. The Clerk shall

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send petitioner two copies of a civil rights complaint form.

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This order terminates Dkt. No. 68.

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IT IS SO ORDERED.

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Dated: 5/13/2020
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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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