Warden

(PC) Price v. Warden

Good Law
United States District Court, Eastern District of CaliforniaApril 24, 20232:23-cv-00731California723 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT RICHARD PRICE, No. 2:23-cv-0731 AC P Petitioner, v. ORDER WARDEN, Respondent. 16 Petitioner is a county prisoner proceeding pro se, who has filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. However, petitioner’s application is not on the form used by this district and therefore does not have all of the required information. Petitioner will be provided another opportunity to submit a fully completed application to proceed in forma pauperis. Although petitioner has used the form for a petition for writ of habeas corpus, he appears to be attempting to bring a civil rights action pursuant to 42 U.S.C. § 1983 as his allegations relate to conditions of confinement. See ECF No. 1. On its face, the petition fails to state a claim under the habeas statute, 28 U.S.C. § 2254, because it does not challenge petitioner’s conviction or sentence and success on the merits will…

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