(HC) Spears v. El Dorado County Jail
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAUREN SPEARS, Case No. 2:21-cv-01769-JDP (HC) Petitioner, ORDER FINDING THAT THE PETITION
DOES NOT STATE A COGNIZABLE CLAIM
v. UNDER SECTION 2254 AND GRANTING
LEAVE TO AMEND WITHIN THIRTY
EL DORADO COUNTY JAIL, DAYS Respondent. ECF No. 1 16 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that it cannot proceed under § 2254. The claims made therein concern the conditions of petitioner’s confinement and should be brought, if at all, in a section 1983 action. The amended petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir.…