(HC) (DP) Riel v. Woodford ( 2023 )

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 The court has received two handwritten letters from the petitioner, Charles Riel. (ECF 18 Nos. 615, 616.) The court notes that petitioner is represented by counsel in this action and pro se 19 filings by a represented party are improper. See United States v. Gwiazdzinski, 141 F.3d 784, 20 787 (7th Cir. 1998). Petitioner is encouraged to address any issues regarding this action with his 21 attorney. The court notes that although petitioner indicates dissatisfaction with his attorney, it 22 does not appear at this time that he is requesting a change of counsel at this time. (ECF No. 616 23 at 2-3, 5.) 24 Additionally, petitioner indicated dissatisfaction with the conditions of his confinement. 25 (ECF No. 615 at 8.) To the extent petitioner seeks to challenge his conditions of confinement he 26 may exhaust all available administrative remedies and file an action pursuant to 42 U.S.C. § 1983. 27 See Crawford v. Bell, 599 F.2d 890, 891-92 (9th Cir. 1979) (Claims regarding the conditions of 28 petitioner’s confinement, as opposed to the validity or duration of his confinement, must be 1 | brought in a civil rights action.). Review of the Inmate Locator Website operated by the 2 || California Department of Corrections and Rehabilitation! indicates that petitioner is presently 3 | housed at San Quentin State Prison. Accordingly, any civil rights action should be brought in the 4 | United States District Court for the Northern District of California which is the appropriate venue 5 | for conditions of confinement claims originating at San Quentin State Prison. 6 In light of petitioner’s statement that he intends to go on a hunger strike (ECF No. 615 at 7 | 6; ECF No. 616 at 4), the Clerk of the Court will be directed to serve a copy of this order on the 8 | Litigation Coordinator at San Quentin State Prison. 9 For the reasons set forth above, the Clerk of the Court is ORDERED to serve a copy of 10 | this order on the Litigation Coordinator at San Quentin State Prison. 11 || Dated: March 7, 2023 12 13 14 .B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 | DB:12 DB/orders-capital/riel pet Itr 22 23 24 25 26 27 | | See https://inmatelocator.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.