(HC) West v. California Correctional Health Care Services ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN DANIEL WEST, No. 2:21-cv-0330-EFB P 12 Petitioner, 13 v. ORDER 14 CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, 15 Respondent. 16 17 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. However, he has neither filed an application for leave to proceed in forma 19 pauperis nor paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner 20 will be provided the opportunity to either submit a request to proceed in forma pauperis or submit 21 the appropriate filing fee.1 22 23 1 Federal courts offer two main avenues to relief on complaints related to one’s 24 imprisonment – a petition for habeas corpus pursuant to 28 U.S.C. § 2254, and a civil rights complaint pursuant to 42 U.S.C. § 1983. Challenges to the validity of one’s confinement or the 25 duration of one’s confinement are properly brought in a habeas action, whereas requests for relief 26 turning on the circumstances of one’s confinement are properly brought in a § 1983 action. Muhammad v. Close, 540 U.S. 749, 750 (2004). If petitioner intends to challenge the conditions 27 of his confinement (as opposed to the duration thereof), he must file a complaint using this court’s form for civil rights actions brought by prisoners. He shall also note that the required 28 filing fee for a civil action is $402. 1 In accordance with the above, IT IS ORDERED that: 2 1. Petitioner shall submit, within thirty days from the date of service of this order, a 3 request to proceed in forma pauperis or the appropriate filing fee; petitioner’s failure 4 to comply with this order may result in this action being dismissed; and 5 2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis 6 form used by this district. 7 || Dated: February 25, 2021. > 8 / EDMUND F. BRENNAN 9 UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28