United States District Court, C.D. California, Western Division
MEMORANDUM AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN FEDERAL CUSTODY PURSUANT TO 28 U.S.C. § 2241
PHILIP S. GUTIERREZ, District Judge.
Jean Crump (hereinafter referred to as "Petitioner") filed a "Petition for Writ of Habeas Corpus by a Person in Federal Custody" pursuant to 28 U.S.C. § 2241 in the United States District Court for the Northern District of California on March 2, 2015. Petitioner is currently incarcerated at the Santa Ana County Jail in Santa Ana, California. (Petition at 2.) Petitioner was formerly incarcerated at the United States Penitentiary in Victorville, California and the Marvin Gardens Halfway House in Los Angeles as a result of her conviction and sentence in the United States District Court for the Central District of California in 2013. (Id.)
On March 10, 2015, an Order of Transfer was issued by United States District Judge Jon S. Tigar transferring the Petition to the United States District Court for the Central District of California pursuant to 28 U.S.C. § 1404(a).
Petitioner contends that on November 26, 2014 she was released from the Marvin Gardens Halfway House for home confinement. However, while waiting to sign out for home confinement, the staff could not find Petitioner's home confinement papers and told her she would have to report twice a week for drug testing. Petitioner told the staff that she is not an addict or alcoholic and asked the staff why she had to submit to the tests. (Petition at 3.) Petitioner was advised by staff "that is just the way it is." (Id.) Petitioner asked to see something in writing and was refused. Petitioner called her Probation Officer and was told she was not to report to her but to the Halfway House. (Id.) Petitioner alleges she went back to take the UA test but was told that two hours had passed. Petitioner placed on lockdown and then taken to jail. (Id.)
Petitioner alleges the Bureau of Prisons ("BOP") conspired with the Halfway House and sent Petitioner to the Santa Ana Jail. (Id. at 4.) Petitioner also alleges that there are no doctors at the Santa Ana Jail. Petitioner is 72 years old with cancer in remission and suffers from bone disease and has a fractured right knee. Petitioner alleges the people at the Jail are racists and take pride in harassing BOP inmates. (Id. at 4.)
According to traditional interpretation the writ of habeas corpus is limited to the legality or duration of confinement. See Preiser v. Rodriguez, 411 U.S. 475, 484-86 (1973); Crawford v. Bell, 599 F.2d 890, 891 (9th Cir. 1979). The appropriate remedy for causes of action arising out of conditions of confinement as outlined in the Petition would be a judicially mandated change in conditions and/or an award of damages, but not release from confinement.
Petitioner's claims are not cognizable in habeas corpus. Section 2241 of Title 28 provides that a writ of habeas corpus can only be issued if Petitioner is in custody for a violation of a statute or order, and that such custody is in violation of the Constitution, laws or treaties of the United States. 28 U.S.C. § 2241(c).
Petitioner does not seek release from confinement nor does she argue that her current incarceration is unconstitutional. Rather, Petitioner seeks medical treatment and an end to staff harassment. These allegations do not go to the fact or duration of Petitioner's confinement. It appears that Petitioner is actually claiming a violation of her civil rights. If so, Petitioner should file the appropriate action.
Since Petitioner does not state a claim for relief under 28 U.S.C. § 2241, dismissal of the Petition is warranted.
IT IS ORDERED as follows:
1. The Petition is dismissed;
2. The Clerk shall mail Petitioner the proper form on which to file a ...