Musgrove et al v. Ross et al
Filing
5
INITIAL REVIEW ORDER - the Petition for Writ of Habeas Corpus asserts claims that are noncognizablemeaning they cannot be heard in federal habeas proceedingsthis action is DISMISSED without prejudice. Signed by Judge Amanda K Brailsford. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
THEODORE E. MUSGROVE,
Case No. 1:24-cv-00546-AKB
Petitioner,
INITIAL REVIEW ORDER
v.
RUSSELL B. ROSS, et al.,
Respondents.
Petitioner Theodore E. Musgrove has filed a Petition for Writ of Habeas Corpus (Dkt. 1).
The Court now reviews the Petition to determine whether it is subject to summary dismissal
pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases (“Habeas
Rules”).
REVIEW OF PETITION
1.
Standard of Law for Review of Petition
Federal habeas corpus relief under 28 U.S.C. § 2254 is available to petitioners who show
that they are held in custody under a state court judgment and that such custody violates the
Constitution, laws, or treaties of the United States. See 28 U.S.C. § 2254(a). The Court is required
to review a habeas corpus petition upon receipt to determine whether it is subject to summary
dismissal. Summary dismissal is appropriate where “it plainly appears from the face of the petition
and any attached exhibits that the petitioner is not entitled to relief in the district court.” Habeas
Rule 4; see also see also Pinson v. Carvajal, 69 F.4th 1059, 1065 (9th Cir. 2023) (stating, in the
context of a § 2241 petition, that “district courts are expected to take an active role in summarily
INITIAL REVIEW ORDER - 1
disposing of facially defective habeas petitions.”) (internal quotation marks omitted), cert. denied
sub nom. Sands v. Bradley, 144 S. Ct. 1382 (2024).
2.
Discussion
“[T]he essence of habeas corpus is an attack by a person in custody upon the legality of
that custody,” and “the traditional function of the writ is to secure release from illegal custody.”
Preiser v. Rodriguez, 411 U.S. 475, 484 (1973); Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991)
(“Habeas corpus proceedings are the proper mechanism for a prisoner to challenge the ‘legality or
duration’ of confinement.”) (citing Preiser, 411 U.S. at 484). Conversely, a civil rights action
under 42 U.S.C. § 1983 is the proper method of challenging, on constitutional grounds, a prisoner’s
conditions of confinement. Badea, 931 F.2d at 574. Therefore, “if a state prisoner’s claim does not
lie at the core of habeas corpus, it may not be brought in habeas corpus but must be brought, if at
all,” pursuant to 42 U.S.C. § 1983, the civil rights statute. Nettles v. Grounds, 830 F.3d 922, 931
(9th Cir. 2016) (en banc) (internal quotation marks and citations omitted).
In the instant Petition, Petitioner does not challenge the validity of the conviction for which
he is incarcerated. Instead, he asserts that correctional officers repeatedly kick his cell door, issue
him unlawful disciplinary offense reports, and do not ensure Petitioner’s bodily privacy. (See
generally Dkt. 1). The remedy for these alleged violations would not be an “immediate” or
“speedier” release from confinement, see Preiser, 411 U.S. at 500, but instead an award of
monetary damages or an order requiring the cessation of unconstitutional activities. Because this
type of claim “does not lie at the core of habeas corpus,” the Petition is subject to dismissal.1
This is not Petitioner’s first habeas petition asserting noncognizable conditions of
confinement claims. See Musgrove v. Ross, No. 1:24-cv-00522-AKB (D. Idaho, filed Oct. 24,
2024); Musgrove v. Blades, No. 1:24-cv-00532-AKB (D. Idaho, filed Nov. 1, 2024).
1
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Nettles, 830 F.3d at 931. If Petitioner intends to pursue his conditions-of-confinement claims, he
may file a separate civil rights lawsuit.2
ORDER
IT IS ORDERED:
1.
Because the Petition for Writ of Habeas Corpus asserts claims that are
noncognizable—meaning they cannot be heard in federal habeas proceedings—this
action is DISMISSED without prejudice.
2.
The Court does not find its resolution of this habeas matter to be reasonably
debatable, and a certificate of appealability will not issue. See 28 U.S.C. § 2253(c);
Habeas Rule 11.
DATED: January 27, 2025
_________________________
Amanda K. Brailsford
U.S. District Court Judge
2
The Court notes that Petitioner already has a habeas corpus petition pending in this Court.
See Musgrove v. Tewalt, No. 1:24-cv-00394-BLW (D. Idaho, filed Aug. 26, 2024). If Petitioner
has additional habeas claims he intends to pursue, he should move to amend the petition in that
case to assert any such claims.
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