Grim v. Russell et al

Filing 3

ORDER - It is therefore ordered that this action is dismissed without prejudice. If Grim wishes to pursue his claims, he must file a new cause of action in a new proceeding. It is further ordered that Grim's application to proceed in for ma pauperis (ECF No. 1 ) is denied as moot. It is further ordered that a certificate of appealability is denied, as jurists of reason would not find the dismissal of this action to be debatable or wrong. The Clerk of Court is directed to enter judgment accordingly and close this case. The Clerk of Court is further directed to send Grim the form for a civil rights complaint under 42 U.S.C. § 1983. (Attached hereto for distribution to P via NNCC Law Library.) Signed by Chief Judge Miranda M. Du on 8/1/2022. (Attachments: # 1 1983 Complaint & Instructions)(Copies have been distributed pursuant to the NEF - CJD)

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Case 3:22-cv-00322-MMD-CLB Document 3 Filed 08/01/22 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 LYNN RAY GRIM, 7 8 9 Case No. 3:22-cv-00322-MMD-CLB Petitioner, ORDER v. RUSSELL, et al., Respondents. 10 11 Petitioner Lynn Ray Grim, a Nevada state prisoner, has filed a pro se petition on 12 the form for a petition for writ of habeas corpus under 28 U.S.C. § 2241 (ECF No. 1-1) 13 and an application to proceed in forma pauperis (ECF No. 1). Grim seeks relief with 14 respect to the way his inmate financial account is being managed. 15 Section 2241 of Title 28 provides relief for prisoners in custody in violation of the 16 Constitution, laws, or treaties of the United States. See § 2241(c)(3); Carafas v. LaVallee, 17 391 U.S. 234, 238 (1968). Grim’s claims are not cognizable under 28 U.S.C. § 2241 18 because they do not concern the fact or duration of confinement. See Preiser v. 19 Rodriguez, 411 U.S. 475, 489 (1973). Instead, he is challenging the conditions of his 20 confinement, which makes a civil rights action under 42 U.S.C. § 1983 his proper means 21 for relief. Id. at 499. 22 In addition, court records show that Grim filed a nearly identical petition in an earlier 23 case, Grim v. Russell, Case No. 3:22-cv-00012-MMD-WGC. That petition was dismissed 24 without prejudice as not cognizable under 28 U.S.C. § 2241. As the Court previously 25 informed Grim, 42 U.S.C. § 1983 is the proper means for relief to challenge conditions of 26 confinement. Accordingly, the Court sent Grim a form for a civil rights complaint under 42 27 U.S.C. § 1983. Despite this, Grim has again initiated a suit on the form for habeas corpus 28 actions. The Court will therefore dismisses the instant petition without prejudice, but Case 3:22-cv-00322-MMD-CLB Document 3 Filed 08/01/22 Page 2 of 2 1 without leave to amend, as Grim’s assertions are not cognizable under federal habeas 2 corpus relief. 3 4 5 6 7 8 It is therefore ordered that this action is dismissed without prejudice. If Grim wishes to pursue his claims, he must file a new cause of action in a new proceeding. It is further ordered that Grim’s application to proceed in forma pauperis (ECF No. 1) is denied as moot. It is further ordered that a certificate of appealability is denied, as jurists of reason would not find the dismissal of this action to be debatable or wrong. 9 The Clerk of Court is directed to enter judgment accordingly and close this case. 10 The Clerk of Court is further directed to send Grim the form for a civil rights 11 12 complaint under 42 U.S.C. § 1983. DATED THIS 1st Day of August 2022. 13 14 15 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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