(HC)Merino

(HC)Merino v. CS Prison-Sacramento

Good Law
United States District Court, Eastern District of CaliforniaDecember 10, 20212:21-cv-02112California697 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO MERINO, No. 2:21-cv-2112-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

C S PRISON - SACRAMENTO, Respondent. 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition does not challenge petitioner’s underlying conviction. Instead, it “concerns conditions of confinement,” specifically, plaintiff’s claim that he should be moved to a less violent yard. ECF No. 1 at 4-5. As discussed below, the court will recommend that the petition 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…

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