(HC) (DP) Riel v. Woodford ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES D. RIEL, No. 2:01-cv-0507 MCE DB 12 Petitioner, DEATH PENALTY CASE 13 v. 14 WARDEN, San Quentin State Prison, ORDER 15 Respondent. 16 17 On January 2, 2020 the undersigned received a handwritten filing from the petitioner, 18 Charles Riel. (ECF No. 588.) The court notes that petitioner is represented by counsel in this 19 action and pro se filings by a represented party are improper. See United States v. Gwiazdzinski, 20 141 F.3d 784, 787 (7th Cir. 1998). Petitioner should address any issues regarding this action with 21 his attorney. Accordingly, the court will deny the request made in petitioner’s pro se filing. 22 Additionally, petitioner stated several complaints related to petitioner’s conditions of 23 confinement. To the extent petitioner seeks to challenge his conditions of confinement he may 24 exhaust all available administrative remedies and file an action pursuant to 42 U.S.C. § 1983. See 25 Crawford v. Bell, 599 F.2d 890, 891-92 (9th Cir. 1979) (Claims regarding the conditions of 26 petitioner’s confinement, as opposed to the validity or duration of his confinement, must be 27 brought in a civil rights action.). Review of the Inmate Locator Website operated by the 28 1 || California Department of Corrections and Rehabilitation! indicates that petitioner is presently 2 | housed at San Quentin State Prison. Accordingly, any civil rights action should be brought in the 3 | United States District Court for the Northern District of California which is the appropriate venue 4 | for conditions of confinement claims originating at San Quentin State Prison. 5 For the reasons set forth above, IT IS HEREBY ORDERED that petitioner’s request (ECF 6 | No. 588) is denied. 7 | Dated: February 5, 2020 8 9 10 ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 | DB:12 DB/orders-capital/riel.pet 17 18 19 20 21 22 23 24 25 26 27 | | See https://Ainmatelocator.cdcr.ca.gov/search.aspx. This court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be 28 | questioned. Fed. R. Civ. P. 201.