(HC) Botts v. California Dept. of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 D’RON BOTTS, No. 2:21-cv-0128-JAM-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

CORRECTIONS,

15 Respondent.

17 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition (ECF No. 1) does not challenge petitioner’s underlying conviction; it instead concerns the conditions of petitioner’s confinement (namely, a broken television). Accordingly, the petition must be dismissed. See Rule 4, Rules Governing § 2254 Cases (requiring summary dismissal of habeas petition if, upon initial review by a judge, it plainly appears “that the petitioner is not entitled to relief in the district court”). Federal courts offer two main avenues to relief on complaints related to one’s imprisonment – a petition for habeas corpus pursuant to 28 U.S.C. § 2254, and a civil rights complaint pursuant to 42 U.S.C. § 1983. Challenges to the validity…