(HC) Sanders v. Ponce, No. 2:2015cv01619 - Document 3 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/18/2015 ORDERING the Clerk to assign a district court judge to this case; AND RECOMMENDING that peititioner's 1 application for a writ of habeas corpus under 28 U.S.C. § 2241 be dismissed. Assigned and referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CURTIS DANE SANDERS, 12 Petitioner, 13 14 v. ORDER AND PONCE, et al., 15 No. 2:15-cv-1619 CKD P FINDINGS AND RECOMMENDATIONS Respondents. 16 Petitioner, a federal prisoner proceeding pro se, has filed a petition for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2241. Petitioner has paid the filing fee. A writ of habeas corpus cannot issue under 28 U.S.C. § 2241 unless a prisoner is in 19 20 custody in violation of federal law. 28 U.S.C. § 2241(c)(3). Petitioner does not assert he is in 21 custody in violation of federal law, or challenge the length of his sentence. He challenges 22 conditions of confinement. Accordingly, this action should be dismissed. If petitioner wishes to 23 initiate an action regarding conditions of confinement, he should commence an action pursuant to 24 Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1999). Petitioner is warned that if 25 he elects to commence a Bivens action, the filing fee is $350 which petitioner will be permitted to 26 pay in installments. 27 ///// 28 ///// 1 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY RECOMMENDED that petitioner’s application for writ of habeas corpus under 28 U.S.C. § 2241 be dismissed. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, petitioner may file written 8 objections with the court. Such a document should be captioned “Objections to Magistrate 9 Judge’s Findings and Recommendations.” In his objections petitioner may address whether a 10 certificate of appealability should issue in the event he files an appeal of the judgment in this 11 case. See Rule 11, Federal Rules Governing Section 2254 Cases (the district court must issue or 12 deny a certificate of appealability when it enters a final order adverse to the applicant). Petitioner 13 is advised that failure to file objections within the specified time may waive the right to appeal the 14 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 Dated: August 18, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 1 sand1619.214 22 23 24 25 26 27 28 2

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