(HC) Brandstatt v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

WILLIAM H.L. BRANDSTATT, ) Case No.: 1:22-cv-00299-BAK (SKO) (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATIONS TO KENNETH CLARK, ) DISMISS PETITION

Respondent. ) ) [THIRTY-DAY OBJECTION DEADLINE] )

Petitioner filed a Petition for Writ of Habeas Corpus on March 15, 2022. (Doc. 1.) The petition does not challenge the underlying conviction; it instead presents claims concerning the conditions of his confinement. For this reason, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not…