Strain/Hall

(PC) Easley v. Strain/Hall

Good Law
United States District Court, Eastern District of CaliforniaJanuary 28, 20202:20-cv-00103California309 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN JEROME EASLEY, No. 2:20-cv-0103-EFB P Petitioner, v. ORDER TYWANDA STRAIN/HALL, et al., Respondents. 16 Petitioner is a county inmate without counsel. This action was opened when he filed a document labeled both a “writ of habeas corpus” and a “federal civil complaint.” ECF No. 1 at 1, 12, 16. It is unclear whether he intends to proceed with this case as a habeas action pursuant to 28 U.S.C. § 2254 or as a civil rights action pursuant to 42 U.S.C. § 1983. Habeas petitions and civil rights complaints provide exclusive vehicles for relief and may not be pursued concurrently in a single action. See Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016) (holding that if a state prisoner’s claim would not necessarily lead to immediate or speedier release, it may not be brought in habeas corpus but must be brought, if at all, under § 1983). Accordingly, it is hereby ORDERED that: 1. The Clerk of the Court…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.