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)

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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 2

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