Carpenter v. Kilian et al

Filing 5

ORDER that this case is DISMISSED without prejudice. Petitioner's 3 Motion to Pro Se and 4 Emergency Motion for Transfer are DENIED as moot. The Clerk of Court is directed to enter Judgment accordingly and close this case. Because Ca rpenter is a federal prisoner she is not required to obtain a certificate of appealability to appeal this order. Signed by Judge Jennifer A. Dorsey on 6/1/2018. (Copies have been distributed pursuant to the NEF - 2 IFP and 1983 forms, instructions for each, and 1 , 3 - 4 mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Carissa Carpenter,

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Case No.: 2:18-cv-00844-JAD-GWF

Petitioner

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v.

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Janice Killian, et al.,

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Order Dismissing Petition

Respondents

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[ECF Nos. 3, 4]

Pro se petitioner Carissa Carpenter is an inmate at the Nevada Southern Detention Center

10 (NSDC) who has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. 1 She
11 alleges in her petition that NSDC has deprived, and continues to deprive, her of adequate
12 medical care and that prison officials have been deliberately indifference to her serious medical
13 needs. These claims challenge the conditions of her confinement; they don’t challenge the fact
14 or duration of her custody. These claims are inappropriately raised in a habeas action and are
15 better suited for a civil-rights action under 42 U.S.C. § 1983 or Bivens. 2 A Bivens action is the
16 proper remedy for a federal prisoner who is making a constitutional challenge to the conditions
17 of her prison life, but not to the fact or length of her custody. 3 So, I dismiss these claims without
18 prejudice to Carpenter’s ability to re-allege them in a new, civil-rights case.
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Accordingly, IT IS HEREBY ORDERED that this case is DISMISSED without

20 prejudice.
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The Clerk of Court is directed to SEND to Carpenter two copies each of: (1) an

22 application to proceed in forma pauperis for incarcerated persons, and (2) a form civil23 rights complaint under 42 U.S.C. § 1983; one copy of the instructions for each form; and a
24 copy of the papers that she submitted in this action. Because she will presumably be naming
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ECF No. 1.

Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388
(1971).
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28 See Prieser, 411 U.S. 475, 499 (1973); Bivens, 403 U.S. 388.
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1 federal officers as defendants, petitioner is advised that she should cross out “42 U.S.C. §
2 1983” in the caption and, below it, write “BIVENS ACTION.”
IT IS FURTHER ORDERED that Carpenter’s motion to proceed pro se [ECF No. 3] and

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4 emergency motion for transfer [ECF No. 4] are DENIED as moot.
The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE

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6 THIS CASE. Because Carpenter is a federal prisoner, she is not required to obtain a certificate
7 of appealability to appeal this order. 4
Dated: May 31, 2018

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_______________________________
U.S. District Judge Jennifer A. Dorsey

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See Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008).
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