Zuniga-Griffin v. Muskogee County

Filing 3

OPINION AND ORDER by Judge Ronald A. White : The Court Clerk is directed to send Petitioner the Courts form and instructions for filing a proper § 2241 habeas petition in this case. Failure to submit a proper amended habeas corpus petition a s directed will result in dismissal of this action.The Court Clerk is further directed to send Petitioner the Courts form and instructions for filing a civil rights complaint pursuant to 42 U.S.C. § 1983, along with the Courts form and instructi ons for filing a motion to proceed in forma pauperis for a civil rights action. If Plaintiff wants to pursue her claims concerning the conditions of her confinement, she must file the complaint, along with the motion to proceed in forma pauperis or $400 for the filing fees.(acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
HOLLY TEGAN ZUNIGA-GRIFFIN,
Petitioner,
v.
ROB FRAZIER,
Muskogee County Sheriff,1
Respondent.

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No. CIV 16-540-RAW-KEW

OPINION AND ORDER
Petitioner, a pretrial detainee in the Muskogee County Jail, has filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. ' 2241 (Dkt. 1) and paid her filing fee. A
review of the petition shows she is challenging her detention, a detainer, and the decision of
the Muskogee County District Court in Case No. CF-2016-912. These claims are proper
for this habeas corpus petition.
Petitioner also raises issues that are not proper for a habeas action. She alleges
inhumane living conditions in the jail, negligent medical care by the jail medical staff, and
mistreatment of inmates by jail staff.

These claims regarding the conditions of

confinement in the jail must be presented in a separate civil rights complaint, pursuant to

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Because Petitioner is incarcerated in the Muskogee County Jail, the Muskogee County
Sheriff is her custodian. See Lopez v. LeMaster, 172 F.3d 756, 763 (10th Cir. 1999) (citing Okla.
Stat. tit. 19, ' 513; tit. 57, ' 47) (AUnder Oklahoma law, a county sheriff is in charge of the jail and
the prisoners therein.@). See also Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484,
494-95 (1973). Therefore, Rob Frazier, Muskogee County Sheriff, is substituted as the
respondent in this case, and the case name is hereby changed to Holly Tegan Zuniga-Griffin,
Petitioner v. Rob Frazier, Muskogee County Sheriff, Respondent. The Court Clerk is directed to
note this substitution on the record.

42 U.S.C. ' 1983. If Petitioner files a proper civil rights complaint, she also must
complete and file with the complaint a new motion for leave to proceed in forma pauperis
on the Court=s form, or pay the $350.00 filing fee and $50.00 administrative fee. In
addition, if Plaintiff files a ' 1983 complaint, she may present only claims that are personal
to her, and she may not present the claims of others. See Fymbo v. State Farm Fire & Cas.
Co., 213 F.3d 1320, 1321 (10th Cir. 2000).
ACCORDINGLY, Petitioner is directed to file an amended petition for a writ of
habeas corpus, pursuant to 28 U.S.C. ' 2241, on the Court=s form within twenty (20) days.
The amended petition must include only claims that are proper for a habeas corpus petition,
as discussed above. The Court Clerk is directed to send Petitioner the Court=s form and
instructions for filing a proper ' 2241 habeas petition in this case. Failure to submit a
proper amended habeas corpus petition as directed will result in dismissal of this action.
The Court Clerk is further directed to send Petitioner the Court=s form and
instructions for filing a civil rights complaint pursuant to 42 U.S.C. ' 1983, along with the
Court=s form and instructions for filing a motion to proceed in forma pauperis for a civil
rights action. If Plaintiff wants to pursue her claims concerning the conditions of her
confinement, she must file the complaint, along with the motion to proceed in forma
pauperis or $400 for the filing fees.
IT IS SO ORDERED this 5th day of April, 2017.