(PC) McCoy v. Sacramento County Jail

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEROME MCCOY, No. 2:22-cv-1770 AC P 12 Petitioner, 13 v. ORDER 14 SACRAMENTO COUNTY JAIL, 15 Respondent. 16 17 Petitioner, a county jail inmate proceeding pro se, seeks habeas relief pursuant to 28 18 U.S.C. § 2254 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 19 1915. ECF Nos. 1, 2. The matter was referred to a United States Magistrate Judge pursuant to 28 20 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated below, petitioner will be given 21 the opportunity to convert the instant habeas petition to a civil rights action under 42 U.S.C. § 22 1983. 23 I. THE PETITION 24 A review of the petition indicates that petitioner is challenging his living conditions in the 25 Sacramento County Jail. See ECF No. 1 at 3-8. Specifically, petitioner states that he has been 26 deprived of his medication and that sewage water leaking into his cell led to him falling and 27 hurting himself. Id. at 4. He…