Brooks v. Williams

• Court: District Court, D. Nevada
• Decided: October 23, 2019
• Docket: 2:19-cv-01719
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 KEVIN BROOKS, Case No.: 2:19-cv-01719-APG-EJY

4 Petitioner, ORDER v. 5

6 BRIAN WILLIAMS, et. al,

7 Respondents.

8 Notwithstanding the court’s dismissal of this habeas corpus case under 28 U.S.C. § 2254, 9 the petitioner has filed a motion for a temporary restraining order and a motion to show cause 10 why a preliminary injunction should not issue. ECF Nos. 6, 7. With these motions, he asks this 11 court to prevent the respondents from removing him from his work assignment as a prison law 12 clerk. 13 The relief petitioner seeks clearly falls outside the “core of habeas,” which is confined to 14 “[c]hallenges to the validity of any confinement or to the particulars affecting its duration.” See 15 Nettles v. Grounds, 830 F.3d 922, 927 (9th Cir. 2016) (citations omitted). Instead, his request for 16 relief involves the conditions or circumstances of his confinement. Accordingly, a civil rights 17 action under 42 U.S.C. § 1983 is “the exclusive vehicle” for his claims. Id. 18 I THEREFORE ORDER that the petitioner’s motion for a temporary restraining order 19 and motion to show cause why a preliminary injunction should not issue (ECF Nos. 6, 7) are 20 DENIED. 21 I FURTHER ORDER that this action shall remain CLOSED. To the extent petitioner 22 wishes to further pursue a civil rights action under 42. U.S.C. § 1983, he must file a NEW action 23 using the court’s approved forms. 1 I FURTHER ORDER the Clerk to send the petitioner two copies each of an application 2||form to proceed in forma pauperis for incarcerated persons and a civil rights complaint pursuant to 42 U.S.C. § 1983 form, and one copy of the instructions for each form. 4 Dated: October 23, 2019. 5 CE ANDREW P. GORDON 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23