Warden

Case 5:22-cv-00171-JFW-SK Document Filed 02/07/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DAVID E. MALONE, CASE NO. 5:22-cv-00171-JFW (SK)

Petitioner, ORDER DISMISSING HABEAS v. PETITION

WARDEN, VICTORVILLE II,

Respondent.

Petitioner David Malone is a federal inmate transferred late last year to the Federal Correctional Institution in Victorville, California (“FCI- Victorville”). In what he captions as an “emergency motion,” Petitioner seeks various forms of relief under 28 U.S.C. § 2241 because he alleges that, since his transfer to FCI-Victorville, he has been deprived of prescription medication refills and a suitable diet for ill-defined chronic medical conditions. (ECF 1 at 1, 2-3). Petitioner seeks an injunction for compelled medical care, transfer to a different facility with better medical care, or simply early release (either outright or to home confinement). (Id. at 3). But because for many reasons the Court has no jurisdiction under § 2241 to provide such remedies, the “emergency motion”—which the Court more appropriately construes as a federal habeas…