McMillan

McMillan v. Warden Jusino @ FCI Dublin

Good Law
United States District Court, Northern District of CaliforniaApril 25, 20243:23-cv-04451California932 words

Opinion

Trial Court Opinion

DISCUSSION

In 2011, McMillan was convicted in the District of South Dakota and sentenced to 210 months. See Dkt. No. 107, United States v. McMillan, et al., Case No. 19-cr-50054-JLV SI (D. S.D. Sept. 30, 2011). She is incarcerated in this district. Dkt. No. 1 at 1. McMillan argues the prison should be closed and seeks to be released to a halfway house or home confinement due to several illnesses and injuries, and the presence of asbestos, mold, and other substances at her facility. Dkt. No. 1 at 1; Dkt. No. 2 at 2 (stating McMillan has respiratory illness, allergies, headaches, sinusitis, asthma, osteoarthritis, ulcers, a knee injury and resulting pain, and “prisoner traumatic stress disorder”). She also raises claims regarding inadequate medical care, but does not specifically enumerate what care was inadequate or denied. She also states that she is at risk due to sexual assault by correctional officers and transgender inmates at the facility. Federal law “opens two main avenues to relief on complaints related to imprisonment” – a petition for habeas corpus and a civil rights complaint. Muhammad v. Close, 540 U.S. 749, 750 (2004). Habeas petitions are “the exclusive vehicle”…

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