IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 16, 2010
HUNG DUONG NGUON, PETITIONER,
TIM V. VIRGA, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner, a state prisoner proceeding without counsel, has filed an action on a form for a petition for a writ of habeas corpus. Petitioner alleges, inter alia, that he received inadequate mental health care at California Medical Facility, and was subjected to incidents of excessive force, in violation of the Eighth Amendment. Petitioner is presently housed at California State Prison-Sacramento.
A petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 challenges the fact or duration of a petitioner's conviction. By contrast, a civil rights action brought pursuant to 42 U.S.C. § 1983, challenges the conditions of the prisoner's confinement.*fn1
Because petitioner's claims do not challenge his custody, it is not appropriate for a § 2254 action. Therefore, this case will be dismissed. See Rule 4, Rules Governing Section 2254 Cases; see also Nguon v. Dickinson, 2:10-cv-0295 KJM P, Order filed February 12, 2010.
In accordance with the above, IT IS HEREBY ORDERED that this action is dismissed.