Torres

Torres v. Murphy

Good Law
United States District Court, Northern District of CaliforniaNovember 24, 20203:20-cv-07064California571 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 JOSHUA ANTHONY TORRES, No. C 20-7064 WHA (PR) Petitioner, ORDER OF DISMISSAL;

GRANTING LEAVE TO PROCEED

v. IN FORMA PAUPERIS CAPTAIN MURPHY, (Dkt. No. 2) Respondent. / 13 14 Petitioner, an inmate in the San Francisco County Jail, filed this pro se petition for a writ 15 of habeas corpus pursuant to 28 U.S.C. § 2254. He claims that conditions of his confinement in 16 the jail are unconstitutional, including insufficient access to educational and rehabilitative 17 programs. "Federal law opens two main avenues to relief on complaints related to 18 imprisonment: a petition for habeas corpus, 28 U.S.C. § 2254, and a complaint under the Civil 19 Rights Act of 1871, Rev. Stat. § 1979, as amended, 42 U.S.C. § 1983. Challenges to the 20 lawfulness of confinement or to particulars affecting its duration are the province of habeas 21 corpus." Muhammad v. Close, 540 U.S. 749, 750 (2004). Petitioner’s claims involving the 22 conditions of his confinement are not the proper subject of a…

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