Warden

(HC) Carroll v. Warden

Good Law
United States District Court, Eastern District of CaliforniaMay 23, 20221:21-cv-01813California653 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TREMAYNE CARROLL, ) Case No.: 1:21-cv-01813 JLT HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING PETITION v. ) FOR WRIT OF HABEAS CORPUS, ) DIRECTING CLERK OF COURT TO CLOSE WARDEN, ) CASE, AND DECLINING TO ISSUE ) CERTIFICATE OF APPEALABILITY Respondent. ) ) (Docs. 1, 6) ) The assigned magistrate judge conducted a preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. (Doc. 6.) The magistrate judge found Petitioner “does not challenge the fact or length of … confinement.” (Id. at 3.) Instead, the magistrate judge found Petitioner addressed only the conditions of confinement, which are “properly challenged in a civil rights action under 42 U.S.C. § 1983.” (Id., citing Preiser v. Rodriguez, 411 U.S. 475, 485 (1973).) Further, the magistrate judge found the claims duplicative of another civil action filed by 23 …

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