Jones

(PC) Wolinski v. Jones

Good Law
United States District Court, Eastern District of CaliforniaMarch 21, 20232:23-cv-00383California1,056 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KRZYSZTOF F. WOLINSKI, No. 2:23-cv-0383 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GENA JONES, et al., Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 and a motion to proceed in forma pauperis. Petitioner complains that respondents are denying him Halal meals in violation of his First Amendment rights to freedom of religion. For relief, petitioner seeks an order requiring respondents to provide those meals. Petitioner’s allegations are not cognizable in a federal habeas case. “[T]he essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and ... the traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). “Habeas corpus proceedings are the proper mechanism for a prisoner to challenge the ‘legality or…

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