(PC) Lucero v. State of California

Good Law
United States District Court, Eastern District of CaliforniaDecember 21, 20232:23-cv-02844California500 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY PAUL LUCERO, No. 2:23-cv-2844 KJN P Petitioner, v. ORDER STATE OF CALIFORNIA, Respondent. 16 Petitioner, a county prisoner proceeding without counsel, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner did not file an application to proceed in forma pauperis. In the petition, petitioner alleges that officials at the Sacramento County Jail denied his requests for religious meals and a Quran in violation of the First Amendment. Claims challenging conditions of confinement should be raised in a civil rights action. See Wolff v. McDonnell, 418 U.S. 539, 554 (1974). The undersigned construes this action as a civil rights action because the claims raised in the petition challenge conditions of confinement. Accordingly, the petition is dismissed with leave to file a complaint. //// //// //// ] As stated above, petitioner has not filed an in forma pauperis…

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