(HC) West v. California Correctional Health Care Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOHN DANIEL WEST, No. 2:21-cv-0330-EFB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, et al., 14 Respondents.
16 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 alleged deliberate indifference of Dr. Htay Soe at Wasco State Prison to plaintiff’s severe kidney disease. Accordingly, as discussed below, 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…