Hazel v. Russell

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

8 * * * 9 TERRANCE HAZEL, Case No. 3:20-cv-00428-LRH-CLB

10 Petitioner, ORDER

11 v. 12 RUSSEL, et al., 13 Respondents. 14 15 Petitioner Terrance Hazel has submitted what he has styled as a pro se habeas corpus 16 petition (ECF No. 1). The petition is dismissed for failure to state a claim that is cognizable in 17 federal habeas corpus. 18 Inmates in state custody pursuant to a state-court judgment who challenge their 19 judgment of conviction or sentence on federal constitutional grounds may pursue a 28 U.S.C. 20 § 2254 petition for writ of federal habeas corpus. Further, “relief is available to a prisoner under 21 the federal habeas statute only if success on the claim would ‘necessarily spell speedier 22 release’ from custody.” Nettles v. Grounds, 788 F.3d 992, 1001 (9th Cir. 2015); 28 U.S.C. 23 § 2254. Here, however, petitioner claims that Northern Nevada Correctional Center personnel 24 are not complying with COVID-19 pandemic safety protocols in deliberate indifference to serious 25 medical and safety needs (ECF No. 1, pp. 3-4). Such a claim implicates petitioner’s Eighth 26 Amendment rights under 28 U.S.C. § 1983. He also seeks to assert a claim under the 27 Americans with Disabilities Act. Id. at 7-8. Therefore, the petition is dismissed for failure to state 1 of compliance with COVID-19 safety protocols in NDOC institutions. However, petitioner must 2 || file a civil rights complaint if he wishes to pursue these claims. 3 IT IS THEREFORE ORDERED that the petition (ECF No. 1) is DISMISSED as set forth 4 ||_ in this order. 5 IT IS FURTHER ORDERED that a certificate of appealability is denied. 6 IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and close this 7 || case. 8 IT IS FURTHER ORDERED that the Clerk SEND to petitioner one copy each of the 9 || prisoner application to proceed in forma pauperis and 42 U.S.C. § 1983 complaint form and 10 || instructions, along with the papers he filed in this action. 11 12 DATED this 19th day of August, 2020. / , . 13 14 LAR . HICKS 15 UNITED STATES DISTRICT JUDGE

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