(HC)Her
(HC)Her v. Mendota Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
NOU HER, ) Case No.: 1:23-cv-0272 JLT CDB (HC) ) Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DISMISSING THE v. ) PETITION FOR WRIT OF HABEAS CORPUS ) WITHOUT LEAVE TO AMEND AND WITHOUT MENDOTA PRISON, ) PREJUDICE ) Respondent. ) (Doc. 7) ) )
Nou Her is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1.) On March 13, 2023, the assigned magistrate judge completed a preliminary screening of the petition. (Doc. 7.) The magistrate judge found Petitioner’s claims addressed “conditions of Petitioner’s confinement rather than its legality,” because “Petitioner alleges cruel and unusual punishment and deliberate indifference in violation of the Eighth Amendment, negligence, and medical malpractice.” (Id. at 3.) Therefore, the magistrate judge recommended petition be dismissed without…