(HC) Yocom v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ALLEN YOCOM, Case No. 1:21-cv-00187-HBK 12 Petitioner, ORDER DENYING PETITIONER’S MOTION FOR EMERGENCY PROTECTIVE ORDER 13 v. (Doc. No. 11) 14 KATHLEEN ALLISON, LAURA ELDRIDGE, AND ATTORNEY 15 GENERAL, 16 Respondents. 17 18 Petitioner Michael Allen Yocom, a state prisoner proceeding pro se, has pending a 19 petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Before the court is 20 petitioner’s motion for emergency protective order. (Doc. No. 11). 21 Petitioner alleges that certain prison personnel are retaliating against him, have wrongfully 22 transferred him to a quarantine unit, are torturing him, and are denying him access to medical care 23 and mailing envelopes. (See generally Doc. No. 11). Petitioner requests that this court order 24 petitioner be transferred into the custody of the federal prison system. (Id. at 4). Such claims turn 25 on petitioner’s conditions of confinement and are inappropriate on habeas review. See Badea v. 26 Cox, 931 F. 2d 573, 574 (9th Cir. 1991) (noting purpose of habeas is to challenge “legality or 27 duration” of a petitioner’s incarceration, quoting Preiser v. Rodriguez, 411 U.S. 475, 485 (1973)). 28 1 | Instead, “a [42 U.S.C.] § 1983 action is a proper remedy for a state prisoner who is making a 2 | constitutional challenge to the conditions of his prison life.” Preiser, 411 U.S. at 499. Therefore, 3 | to the extent petitioner wishes to challenge his conditions of confinement, he should do so ina 4 □ § 1983 civil rights action.! Although the clerk of court recently provided petitioner with a blank 5 | § 1983 civil rights complaint form (Doc. No. 8), petitioner’s place of confinement was recently 6 | changed. (Doc. Nos. 9, 10). Therefore, out of an abundance of caution, the court will direct the 7 | clerk to send an additional blank § 1983 civil rights complaint form to petitioner’s updated 8 | address. 9 Accordingly, it is ORDERED: 10 1. Petitioner’s motion for emergency protective order (Doc. No. 11) is DENIED. 11 2. The clerk of court is directed to provide petitioner with a blank § 1983 civil rights 12 complaint form. 13 4 IT IS SO ORDERED. Dated: March 25, 2021 law Nh. fareh Base □□□ 16 HELENA M. BARCH-KUCHTA 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 || ———— ' The court, by separate order, has directed the clerk of court to notify the appropriate prison officials of 28 petitioner’s claims.