Danny Varner v. Felicia Ponce

Good Law
United States District Court, Central District of CaliforniaDecember 7, 20202:20-cv-08732California702 words

Opinion

Trial Court Opinion

, 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DANNY VARNER, ) Case No. CV 20-8732-GW (JPR) 11 ) Petitioner, ) 12 ) ORDER SUMMARILY DISMISSING v. ) PETITION FOR WRIT OF HABEAS 13 ) CORPUS

FELICIA PONCE, )

14 ) Respondent. ) 15 ) ) 16 On September 17, 2020, Danny Varner, a prisoner at Terminal Island Federal Correctional Institution, filed what he styled as a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. Because he exclusively raised claims concerning his medical treatment while incarcerated and did not challenge his underlying conviction or sentence, the Magistrate Judge on October 2 dismissed the Petition with leave to amend, instructing him, as was explained to him in his earlier case, Varner v. Warden, CV 20-5328-GW (JPR) (C.D. Cal. dismissed Sept. 10, 2020), that such claims must be brought in a civil-rights lawsuit under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Magistrate Judge directed the Clerk to provide 1 Petitioner with a civil-rights…

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