Tony Hill v. Tammy Campbell

Summary

The court recommends dismissing a state prisoner’s 28 U.S.C. § 2254 petition because it challenges conditions of confinement rather than the legality or duration of custody. The document explains that such claims must be brought under 42 U.S.C. § 1983 and declines to recharacterize the petition as a civil rights action because it does not name proper defendants or seek appropriate relief. The magistrate judge also directs the Clerk to assign a district judge and provides a 21-day period for objections.

Holdings

1. A prisoner's challenge to cell assignment and single-cell housing concerns the conditions of confinement, not the legality or duration of confinement, and therefore is not cognizable in a federal habeas action under § 2254. The proper vehicle is a civil-rights action under § 1983.
2. The court should not recharacterize the petition as a civil-rights action because it did not name the proper defendants and was not amenable to conversion on its face.
3. The habeas petition should be dismissed under Rule 4 because it plainly appeared that Hill was not entitled to habeas relief.

Questions Presented

1. Whether claims challenging prison housing conditions and single-cell status are cognizable in a federal habeas corpus action under 28 U.S.C. § 2254.
2. Whether the court should recharacterize the habeas petition as a civil-rights action under 42 U.S.C. § 1983.
3. Whether the petition should be dismissed under Rule 4 of the Rules Governing Section 2254 Cases.

Disposition

dismissed