(HC) Ryland v. Director of Bureau of Prisons
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COREY R. RYLAND, No. 1:23-cv-01171-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATIONS
DIRECTOR OF BUREAU OF PRISONS, TO DISMISS PETITION FOR WRIT OF
HABEAS CORPUS
Respondent. [TWENTY-ONE DAY DEADLINE]
17 On August 7, 2023, Petitioner filed the instant petition for writ of habeas corpus. He states he suffered cruel and unusual punishment on or about August 2, 2023, when prison staff used excessive force and beat Petitioner while he was in restraints. He is seeking compensation of $20,000 for pain and suffering. The Court finds that Petitioner fails to establish grounds for habeas corpus relief, and that the proper avenue for his complaints is a Bivens action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Accordingly, the Court will recommend that the petition be DISMISSED without prejudice to filing a Bivens action. …