Cisneros

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD McKENZIE, Case No. 2:23-cv-02764-DAD-JDP (HC) Petitioner, ORDER v. SCREENING THE PETITION AND

OFFERING LEAVE TO AMEND

THERESA CISNEROS, ECF No. 1 Respondent.

DENYING MOTION TO APPOINT

COUNSEL ECF No. 3 18 Petitioner, a state prisoner, brings this action under section 2254 and claims that CDCR officials have violated his rights by failing to address four of his inmate grievances. ECF No. 1 at 4. This claim does not sound in habeas corpus, however. A claim falls within the scope of habeas corpus only if its success would necessarily result in the petitioner’s earlier release from custody. See Nettles v. Grounds, 830 F.3d 922, 934-35 (9th Cir. 2016). Having reviewed the petition, I do not see how success on petitioner’s grievance related claims would necessarily hasten his release. Accordingly, petitioner may, within thirty days of this order,…