Diaz
(PC) Lipsey v. Diaz
Opinion
Trial Court Opinion
I. BACKGROUND
24 Christopher Lipsey, Jr. (“Plaintiff”), is a state prisoner proceeding pro se with this civil 25 rights action. On July 21, 2020, Plaintiff filed the Complaint commencing this action which he 26 titled “Emergency 28 U.S.C. § 2241 Motion and/or 42 U.S.C. § 1983 Preliminary Injunction.” 27 (ECF No. 1.) 28 II. 28 U.S.C. § 2241 MOTION Plaintiff makes little mention of his 28 U.S.C. § 2241 motion in the Complaint. On page 2 of the Complaint, he states: “Pursuant to § 2241 an application for a writ of habeas corpus shall not be entertained unless it appears that relief in the sentencing court is inadequate or ineffective to test the legality of his detention.” (ECF No. 1 at 1:25-2:1.) On page 18 of the Complaint Plaintiff requests “either habeas relief under § 2241 and/or injunctive relief under § 1983 and § 1997e(e).” (Id. at 18:11-14.) The balance of the Complaint consists of allegations challenging Plaintiff’s conditions of confinement at Kern Valley State Prison. In this case there is no habeas jurisdiction, and Plaintiff’s § 2241 motion should be dismissed. Crawford v. Bell, 599 F.2d 890,…