Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NOEL RODRIGUEZ, Case No.: 19cv1355 GPC (BGS)

Petitioner,

ORDER DENYING MOTION FOR

v. STAY AND ABEYANCE OF

PETITIONER’S CLAIMS

MONTGOMERY, Warden,

Respondent. [Dkt. No. 5.] 16 On July 19, 2019, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. (Dkt. Nos. 1, 2.) On July 26, 2019, the Court granted Petitioner’s motion to proceed in forma pauperis and dismissed the case with leave to amend. (Dkt. No. 3.) In its Order, the Court noted that Plaintiff’s claims, alleging improper medical and psychiatric care, cannot be brought under a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 because he does not challenge the constitutional validity or duration of his confinement. See 28 U.S.C. 2254(a); Preiser v. Rodriguez, 411 U.S. 475, 500 (1973) (When a state…