(HC)Merino
(HC)Merino v. California Department of Corrections
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO MERINO, No. 2:21-cv-2204-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 18 28 U.S.C. § 2254. The petition does not challenge petitioner’s underlying conviction. Instead, it 19 “concerns conditions in prison,” specifically, that petitioner is not receiving adequate medical 20 care. ECF No. 1 at 3, 5. As discussed below, the court will recommend that the petition be 21 dismissed. See Rule 4, Rules Governing § 2254 Cases (requiring summary dismissal of habeas 22 petition if, upon initial review by a judge, it plainly appears “that the petitioner is not entitled to 23 relief in the district court”). 24 Federal courts offer two main avenues to relief on complaints related to one’s 25 imprisonment – a petition for habeas corpus pursuant to 28 U.S.C. § 2254, and a civil rights 26 27 1 Petitioner also seeks…