Jackson v. Spector et al

Filing 31

ORDER denying petitioner's 29 Second Motion to Appoint Counsel and striking proposed complaint. A COPY OF THIS ORDER AND PROPOSED COMPLAINT MAILED TO PETITIONER TODAY. Signed by Magistrate Judge Mary Alice Theiler.(GB)

01 02 03 04 05 06 07 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Petitioner, ) ) v. ) ) PAT GLEBE, ) ) Respondent. ) ____________________________________ ) CASE NO.: C08-1059-JLR-MAT

08 MICHAEL A. JACKSON, 09 10 11 12 13 14

ORDER DENYING PETITIONER'S SECOND MOTION FOR APPOINTMENT OF COUNSEL AND STRIKING PETITIONER'S PROPOSED COMPLAINT

Petitioner is a state prisoner who has filed pro se an amended petition for habeas corpus

15 pursuant to 28 U.S.C. § 2254. (Dkt. No. 26). Respondent has been directed by the Court to file 16 an answer to the amended petition. (Dkt. No. 22). Petitioner recently filed a motion for 17 appointment of counsel and a proposed civil rights complaint. (Dkt. Nos. 29 & 30). The Court, 18 having considered petitioner's motion, proposed complaint, and the balance of the record, does 19 hereby find and ORDER: 20 (1) Petitioner previously filed a motion for appointment of counsel, which the Court

21 denied on January 13, 2009. (Dkt. No. 27). Petitioner raises no new grounds for appointment 22 of counsel in his second motion. Accordingly, for the reasons cited in the Court's previous Order, ORDER DENYING PETITIONER'S SECOND MOTION FOR APPOINTMENT OF COUNSEL AND STRIKING PETITIONER'S PROPOSED COMPLAINT PAGE -1

01 petitioner's second motion for appointment of counsel (Dkt. No. 29) is DENIED. 02 (2) Petitioner has submitted a proposed civil rights complaint pursuant to 42 U.S.C.

03 § 1983. (Dkt. No. 30). In the complaint, petitioner asserts that prison officials violated his 04 constitutional rights by using excessive force against him. (Dkt. No. 30 at 3). For reasons that 05 are unclear, petitioner asks in the complaint that it be "convert[ed] into habeas corpus petition." 06 (Id. at 4). Petitioner is advised that petitions for a writ of habeas corpus and civil rights 07 complaints are two distinct types of actions. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973) 08 (civil rights complaints challenge the conditions of confinement while habeas petitions challenge 09 the validity of confinement). If petitioner wishes to pursue his claim of excessive force, he must 10 file a separate action under 42 U.S.C. § 1983. Accordingly, the Clerk shall STRIKE the proposed 11 complaint (Dkt. No. 30) and shall return it to petitioner. 12 (3) The Clerk shall direct copies of this Order to petitioner, counsel for respondent,

13 and to the Honorable James L. Robart. 14 15 16 17 18 19 20 21 22 ORDER DENYING PETITIONER'S SECOND MOTION FOR APPOINTMENT OF COUNSEL AND STRIKING PETITIONER'S PROPOSED COMPLAINT PAGE -2 DATED this 9th day of February, 2009.

A

Mary Alice Theiler United States Magistrate Judge