Fox
(HC) Scott v. Fox
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LADONTE SCOTT, No. 2:18-cv-2687 TLN KJN P Petitioner, v. ORDER ROBERT W. FOX, Respondent. 16 Petitioner is a state prisoner, proceeding in forma pauperis and without counsel. Petitioner seeks the appointment of counsel, and filed a motion for an expedited hearing or preliminary relief. Initially, petitioner is advised that respondent has not yet filed a responsive pleading. It would be inappropriate for the court to hold a hearing until the petition is fully briefed. Second, the undersigned has not yet determined whether an evidentiary hearing is required. Third, if petitioner is concerned about being transferred, or about his personal safety before or after he is transferred, such allegations must be brought in a civil rights complaint brought under 42 U.S.C. § 1983. As a general rule, a claim that challenges the conditions of confinement should be addressed by filing a civil rights action. See Wolff v.…