(HC) Perry v. United States Bureau of Prisons

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARETH LORENZO PERRY, No. 1:20-cv-01494-NONE-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. HABEAS PETITION UNITED STATES BOP CASE (Doc. Nos. 1, 8)

MANAGER CERROTE,

15 Respondent. 16 Petitioner Gareth Lorenzo Perry is a state prisoner proceeding in propria persona with a pleading styled as a “Petition for 2241 and 1983 claim.” (Doc. No. 1 at 1.) After screening petitioner’s pleading, the assigned magistrate judge found, based on petitioner’s allegations, that petitioner is only seeking civil rights relief concerning the conditions of his confinement and, therefore, that federal habeas relief is not available to him with respect to those claims. (Doc. No. 8 at 1–2.) Accordingly, the magistrate judge recommended that the habeas petition pending before this court be dismissed and the Clerk of Court be directed to provide petitioner a blank civil rights form so he could file a separate Bivens1…