Leon

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOSEPH R. LEON, Case No. 21-cv-03720-VC (PR)

Petitioner, ORDER DISMISSING ONE CLAIM;

ISSUING ORDER TO SHOW CAUSE

v. ON ONE CLAIM

PEOPLE OF THE STATE, Re: Dkt. No. 2 Respondent.

Joseph R. Leon, a pretrial detainee at the Santa Clara County Jail, files a petition for a writ of habeas corpus under 28 U.S.C. § 2241 asserting claims about bail and about the lack of medical treatment. Leon also moves for leave to proceed in forma pauperis, which is granted. Leon’s claim that he has received inadequate medical treatment in the jail must be dismissed because it is a claim about his treatment inside the jail, not about the length or duration of his incarceration. See Hill v. McDonough, 547 U.S. 573, 579 (2006) (challenges to the lawfulness of confinement or to details affecting its duration are in the domain of habeas corpus; challenge to the circumstances of confinement, however, must be brought under 42 U.S.C. § 1983). Dismissal of the medical claim is without prejudice for Leon to file it in a separate civil rights action under § 1983, if he wishes…