Jesus Manuel Diaz v. United States of America

Filing 64

ORDER by Chief Magistrate Judge Karen B. Molzen recharacterizing 62 and 63 Notices filed by Jesus Manuel Diaz as a civil rights complaint pursuant to 42 U.S.C. 1983, and directing Clerk to open a new civil case for the recharacterized complaint. (KBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,
Plaintiff,
v.

No. 12-CV-00482-LH-KBM
No. 07-CR-00701-MCA-KBM

JESUS MANUEL DIAZ,

Defendant.
ORDER
THIS MATTER is before the Court on Defendant Jesus Manuel Diaz’s judicial
notifications, which were filed pro se on February 21, 2017. [CV Docs. 62, 63] In his judicial
notifications, Defendant appears to allege that he was deprived of medical care during his
incarceration, in violation of his right to be free from cruel and unusual punishment. [CV Docs.
62, 63] Defendant’s claims regarding the alleged deprivation of medical care are not cognizable
in a federal habeas corpus proceeding and must be pursued via a civil rights action under 42
U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403
U.S. 388 (1971). See Nelson v. Campbell, 541 U.S. 637, 643 (2004) (noting that “constitutional
claims that merely challenge the conditions of a prisoner’s confinement, whether the inmate
seeks monetary or injunctive relief, fall outside of that core [of habeas corpus] and may be
brought pursuant to § 1983 in the first instance”); United States v. Sisneros, 599 F.2d 946, 947
(10th Cir. 1979) (noting that “medical mistreatment claim[s] . . . [are] not cognizable in a federal

habeas corpus proceeding”) (per curiam). Therefore, the Court will recharacterize Defendant’s
pro se judicial notifications as a civil rights complaint pursuant to 42 U.S.C. § 1983 and Bivens
and direct the Clerk of the Court to open a new civil case. See Castro v. United States, 540 U.S.
375, 381 (2003) (“Federal courts sometimes will ignore the legal label that a pro se litigant
attaches to a motion and recharacterize the motion to place it within a different legal category.”).
IT IS THEREFORE ORDERED that Defendant’s judicial notifications [CV Docs. 62,
63] are RECHARACTERIZED as a civil rights complaint pursuant to 42 U.S.C. § 1983 and
Bivens;
IT IS FURTHER ORDERED that the Clerk of the Court is directed to open a new civil
case for Defendant’s recharacterized civil rights complaint [CV Docs. 62, 63].

__________________________________________
UNITED STATES CHIEF MAGISTRATE JUDGE

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