Castillo v. Tanner et al

Filing 7

ORDER terminating 4 Motion for Temporary Restraining Order, Motion for Preliminary Injunction; the motion is to be refiled into pending civil case CA 14-2917; FURTHER ORDERED that pla complete enclosed form petition and submit to Court by 2/2/2015. Upon receipt, it will be considered as an amended and superceding petition for habeas relief. Signed by Magistrate Judge Michael North. (Attachments: # 1 AO Form 241) (lag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
VINCENT MARK CASTILLO

CIVIL ACTION

VERSUS

NO. 14‐2916

ROBERT C. TANNER, STATE OF
LOUISIANA

SECTION “A” (5)

O R D E R
The undersigned has conducted an initial review of the pleadings filed by pro se
petitioner, Vincent Mark Castillo, in conjunction with the above‐captioned proceeding for
habeas corpus relief pursuant to 28 U.S.C. § 2254. At the same time he submitted the instant
pleadings, Castillo also submitted for consideration a separate complaint under 42 U.S.C.
§1983. A motion for a temporary restraining order and/or a preliminary injunction was
included with these documents and docketed for consideration in the instant habeas
proceedings.
Castillo's pleadings in the instant habeas case not only improperly reference 28 U.S.C.
§ 2241, but also assert claims relating to his treatment and conditions in Rayburn Correctional
Center, which are properly addressed only through a civil rights suit filed pursuant to 42 U.S.C.
§ 1983, and not via habeas proceedings. It does appear from these pleadings, however, that
Castillo is attempting to challenge his 2013 state‐court conviction and sentence, for which he
has not previously sought a writ of habeas corpus pursuant to § 2254.
Castillo's initial petition does not conform to the rules governing the filing of Section
2254 habeas cases in the district courts. See Rules Governing Section 2254 Cases in the United
States District Courts. Pursuant to Rule 2(c), the petition must: (1) specify all the grounds for
relief available to the petitioner; (2) state the facts supporting each ground; (3) state the relief

requested; (4) be printed, typewritten, or legibly handwritten; and (5) be signed under penalty
of perjury by the petitioner. Pursuant to Rule 2(d), the petition must substantially follow
either the form appended to the rules or a form prescribed by a local district‐court rule.
Therefore, Petitioner is directed to complete and return the enclosed form petition for relief
under 28 U.S.C. §2254 for writ of habeas corpus by a person in state custody. Petitioner is also
cautioned that any subsequent § 2254 action may be subjected to the restrictive conditions
imposed by federal law on “second or successive” § 2254 petitions, 28 U.S.C. § 2244(3)(a).
To the extent Petitioner seeks relief in the form of a temporary restraining
order/preliminary injunction based on alleged prison conditions entirely unrelated to this
pending habeas proceeding challenging his state‐court criminal conviction and sentence, the
undersigned believes that such request was intended to be made in the context of his §1983
complaint, rather than in the instant habeas case, and will instruct the clerk of court to file a
copy of the motion into Castillo's civil rights case bearing Civil Action No. 14‐2917 "E"(5), for
possible consideration therein if he is ultimately allowed to proceed with that civil complaint.
Accordingly,
IT IS ORDERED that the CLERK is instructed to terminate the pending motion for a
temporary restraining order and/or a preliminary injunction (Rec. Doc. 4) in the above‐
captioned case, and to refile the motion into the pending civil case, Vincent Mark Castillo v.
Keith Bickham, et al., Civil Action No. 14‐2917 "E"(5).
IT IS FURTHER ORDERED that Petitioner complete in full and submit the enclosed
form petition for relief under 28 U.S.C. § 2254 to the Court on or before February 2,
2015. Upon receipt, it will be considered as an Amended and Superceding petition for

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habeas relief under 28 U.S.C. § 2254. Failure to comply with this Order may result in
dismissal of the instant petition.

12th
New Orleans, Louisiana, this day of January, 2015.

MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE

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