(HC) Casteel v. Von Sluepth

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CARLOS LEVELT CASTEEL, Case No. 1:20-cv-00781-DAD-EPG

Plaintiff, FINDINGS AND RECOMMENDATION TO

CONVERT § 1983 COMPLAINT TO § 2241

v. PETITION FOR WRIT OF HABEAS

CORPUS AND TO DISMISS PETITION

ESTHER VON SLUEPTH, et al.,

WITHOUT PREJUDICE

Defendants.

16 Carlos Levelt Casteel (“Petitioner”) is currently detained at the Lerdo Pre-Trial Facility in Bakersfield, California, and commenced the instant proceeding by filing a complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1 at 1).1 For the reasons set forth herein, the undersigned recommends converting the § 1983 complaint to a § 2241 petition for writ of habeas corpus and dismissing the petition without prejudice based on abstention and exhaustion grounds. I. BACKGROUND On June 4, 2020, Petitioner commenced the instant proceeding by filing a complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1). In the complaint, Petitioner seeks dismissal of his 26 …