Gonsalez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOC CHI DUONG, No. 1:22-cv-01409-SKO 12 Plaintiff, ORDER DISMISSING WITH LEAVE TO

AMEND

13 (Doc. 1) 14 v. (THIRTY DAY DEADLINE) 15

16 NANCY GONSALEZ, et al., 17 Defendants. 18 19 20 Plaintiff, Loc Chi Duong, an immigration detainee, filed this action on the form for claims 21 brought under 28 U.S.C. § 1983. (Doc. 1.) Plaintiff brings claims sounding in habeas, civil 22 rights, and a motion pursuant to § 2255. He complains of testing positive for COVID-19 with 23 chronic pain and complicated medical issues. He also contends he is being subjected to cruel and 24 unusual punishment by being housed in an unsanitary place with insufficient food. Such claims 25 concern the conditions of confinement and are properly brought in a civil rights action. 26 Plaintiff also claims that his due process rights were not implemented under the Fifth 27 Amendment prohibition on double jeopardy. This claim appears to challenge the underlying 28 conviction and should be brought in a…