Lyle John Hitchcock v. Clifton Floyd, Warden

15 F.3d 1085 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lyle John HITCHCOCK, Petitioner-Appellant, v. Clifton FLOYD, Warden, Respondent-Appellee. No. 92-56473. United States Court of Appeals, Ninth Circuit. Submitted Oct. 26, 1993. * Decided Dec. 29, 1993. Before: KILKENNY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Lyle John Hitchcock, a federal prisoner, appeals pro se the district court's dismissal without prejudice of his petition for writ of habeas corpus challenging the medical care he has received in prison. We conclude that the district court should have construed Hitchcock's complaint as a 42 U.S.C. Sec. 1983 action. Accordingly, we reverse. I. FACTS AND PRIOR PROCEEDINGS 3 Petitioner-Appellant Lyle John Hitchcock is currently a federal prisoner at the Lompoc Federal Correctional Institution at Lompoc, California, where he is serving a 60-month sentence. On February 27, 1992, he filed a petition for writ of habeas corpus claiming that prison…