1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 TRENT SMITH, Case No. 2:22-cv-07623-MEMF-PD
12 Petitioner, ORDER DISMISSING 13 v. PETITION WITHOUT 14 BRIAN BIRKHOLZ, Warden, PREJUDICE 15 Respondent. 16
17 On October 19, 2022, Trent Smith (“Petitioner”), a federal prisoner 18 proceeding pro se, filed an “Emergency Motion Seeking Immediate Release 19 from the Bureau of Prisons and Termination of Sentence Under 28 U. S. C. 20 § 2241” (“Petition”). [Dkt. No. 1.1] For the reasons set forth below, the 21 Petition is dismissed without prejudice. 22 23 24 25 1 The Petition is 232 pages long and contains several exhibits, including Petitioner’s 26 medical records and release plans, documents from the Lompoc Class Action Lawsuit, Torres, et al. v. Milusnic, et al., 2:20-cv-04450-CBM-PVCx, and a copy of a 27 March 26, 2020 Memorandum from former Attorney General Barr regarding 28 prioritization of inmates to home confinement in response to the COVID-19 1 I. Background and Petitioner’s Contentions 2 Petitioner is currently at the Federal Correctional Institution at Lompoc 3 (“FCI Lompoc”), in the Central District of California. [Dkt. No. 1.] He is 4 serving a 210-month sentence for federal drug offenses imposed in 2016 in the 5 District of Montana in United States v. Trent Scentail Smith, 6:16-cr-00002- 6 DLC.2 [Dkt. No. 1 at 4.] 7 Petitioner alleges that he has Type 2 diabetes, high cholesterol, and 8 suffers from obesity. [Dkt. No. 1 at 4.] He alleges that his underlying health 9 conditions place him at high risk and make him vulnerable to COVID-19. 10 [Id.] Petitioner requests that the Court grant him immediate release from the 11 custody of the Bureau of Prisons (“BOP”) based on allegedly substandard 12 medical care and inadequate treatment at FCI-Lompoc; poorly trained 13 medical providers; conditions of confinement that violate the Fifth and Eighth 14 Amendments and the prohibition against cruel and unusual punishment and 15 violate the Due Process Clause and international law; and, because the 16 Lompoc Class Action Lawsuit, Torres, et al. v. Milusnic, et al., 2:20-cv-04450- 17 CBM-PVCx, has not provided Petitioner with any relief from the unconstitutional conditions of confinement. [Dkt. No. 1 at 3.] 18 According to public records, Petitioner’s projected release date is July 19 28, 2029. See Fed. R. Evid. 201; Federal Bureau of Prisons Inmate Locator, 20 https://www.bop.gov/inmateloc (accessed October 20, 2022). 21
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26 2 Pursuant to Rule 201 of the Federal Rules of Evidence, the Court takes judicial notice of the federal dockets and filings available through the PACER system. See 27 also Harris v. County of Orange, 682 F. 3d 1126, 1131-32 (9th Cir. 2012) (noting that 28 a court may take judicial notice of court records). 1 II. Discussion 2 A. Duty to Screen the Petition 3 Summary dismissal of a federal habeas petition is required “[i]f it 4 plainly appears from the petition and any attached exhibits that the 5 petitioner is not entitled to relief in the district court.” Rule 4 of the Rules 6 Governing Section 2254 Cases in the United States District Courts (“Habeas 7 Rules”); see also Habeas Rule 1(b) (permitting district courts to apply 8 Habeas Rules to Section 2241 habeas proceedings); Lane v. Feather, 584 F. 9 App’x 843, 843 (9th Cir. 2014) (affirming district court’s application of Habeas 10 Rule 4 to dismiss Section 2241 petition). Moreover, the Court must assess its 11 jurisdiction over a section 2241 petition “before proceeding to any other issue.” 12 Hernandez v. Campbell, 204 F.3d 861, 865 (9th Cir. 2000). 13 B. This Court Lacks Jurisdiction Over a Request for 14 Compassionate Release under a Sentence Imposed in 15 Another District 16 Petitioner seeks immediate release from custody based on his medical 17 conditions and exposure to various health and safety risks including those 18 related to the COVID-19 pandemic. [Dkt. No. 1 at 3-5, 10.] Although the 19 Petition is labeled as a petition for writ of habeas corpus under 28 U.S.C. 20 § 2241, to the extent that it actually seeks compassionate release, it is not 21 properly before this Court. 22 Under 18 U.S.C. § 3582(c)(1)(A), all motions for sentencing reductions, 23 including motions for compassionate release, must be filed in the sentencing 24 court. See United States v. Ono, 72 F.3d 101, 102 (9th Cir. 1995) (a motion 25 under Section 3582(c) “is undoubtedly a step in the criminal case” that “requires the [sentencing] court to reexamine the original sentence” (citation 26 omitted)); see also United States v. Raia, 954 F.3d 594, 595 (3d Cir. 2020) 27 (“Section 3582’s text requires those motions to be addressed to the 28 1 sentencing court, a point several Circuits have noted . . . .”); Bolden v. Ponce, 2 No. CV 20-3870-JFW (MAA), 2020 WL 2097751, at *2 (C.D. Cal. May 1, 2020) 3 (district court lacks authority to grant release under § 3582(c)(1)(A) based on 4 conditions caused by COVID-19 pandemic because petition was not filed in 5 sentencing court); Mitchell v. Engleman, No. CV 21-06488-JWH (JEM), 2021 6 WL 4641945, at *1 (C.D. Cal. Sept. 9, 2021) (same); Thody v. Swain, No. CV 7 19-09641-PA (DFM), 2019 WL 7842560, at *2 (C.D. Cal. Nov. 26, 2019) (“[B]y 8 its plain language, 18 U.S.C. § 3582(c)(1)(A) requires Petitioner to move for 9 reduction in the sentencing court.”); Mohrbacher v. Ponce, No. CV 18-00513- 10 DMG (GJS), 2019 WL 161727, at *1 & n.1 (C.D. Cal. Jan. 10, 2019) (same). 11 Petitioner was sentenced in the District of Montana in United States v. 12 Trent Scentail Smith, 6:16-cr-00002-DLC. If Petitioner seeks compassionate 13 release under Section 3582(c), he must submit a motion to the sentencing 14 court.3 15 C. Petitioner’s Claims Are Not Cognizable on Habeas Review 16 A habeas corpus petition under 28 U.S.C. § 2241 is a vehicle for a 17 federal prisoner to challenge to the execution of his sentence. Hernandez, 204 18 F.3d at 864. Challenges to a prisoner’s conditions of confinement, however, 19 must be brought in a civil rights complaint rather than a habeas corpus 20 petition. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991); see also Hill v. 21 McDonough, 547 U.S. 573, 579 (2006) (“[a]n inmate’s challenge to the 22 23
24 3 The Court takes judicial notice of the docket in the United States District Court for 25 the District of Montana. Petitioner has filed several motions for compassionate release which have been denied by the sentencing court. [See Dkt. Nos. 148, 150, 26 157, 159, 160, 173, 178, 179, 180.] On June 15, 2020, Petitioner filed an appeal of the district court’s order denying his motion for compassionate release in the Ninth 27 Circuit. [See Dkt. No. 161.] On January 27, 2021, the Ninth Circuit affirmed the 28 district court’s decision. See United States v. Trent Scentail Smith, Case No.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 TRENT SMITH, Case No. 2:22-cv-07623-MEMF-PD
12 Petitioner, ORDER DISMISSING 13 v. PETITION WITHOUT 14 BRIAN BIRKHOLZ, Warden, PREJUDICE 15 Respondent. 16
17 On October 19, 2022, Trent Smith (“Petitioner”), a federal prisoner 18 proceeding pro se, filed an “Emergency Motion Seeking Immediate Release 19 from the Bureau of Prisons and Termination of Sentence Under 28 U. S. C. 20 § 2241” (“Petition”). [Dkt. No. 1.1] For the reasons set forth below, the 21 Petition is dismissed without prejudice. 22 23 24 25 1 The Petition is 232 pages long and contains several exhibits, including Petitioner’s 26 medical records and release plans, documents from the Lompoc Class Action Lawsuit, Torres, et al. v. Milusnic, et al., 2:20-cv-04450-CBM-PVCx, and a copy of a 27 March 26, 2020 Memorandum from former Attorney General Barr regarding 28 prioritization of inmates to home confinement in response to the COVID-19 1 I. Background and Petitioner’s Contentions 2 Petitioner is currently at the Federal Correctional Institution at Lompoc 3 (“FCI Lompoc”), in the Central District of California. [Dkt. No. 1.] He is 4 serving a 210-month sentence for federal drug offenses imposed in 2016 in the 5 District of Montana in United States v. Trent Scentail Smith, 6:16-cr-00002- 6 DLC.2 [Dkt. No. 1 at 4.] 7 Petitioner alleges that he has Type 2 diabetes, high cholesterol, and 8 suffers from obesity. [Dkt. No. 1 at 4.] He alleges that his underlying health 9 conditions place him at high risk and make him vulnerable to COVID-19. 10 [Id.] Petitioner requests that the Court grant him immediate release from the 11 custody of the Bureau of Prisons (“BOP”) based on allegedly substandard 12 medical care and inadequate treatment at FCI-Lompoc; poorly trained 13 medical providers; conditions of confinement that violate the Fifth and Eighth 14 Amendments and the prohibition against cruel and unusual punishment and 15 violate the Due Process Clause and international law; and, because the 16 Lompoc Class Action Lawsuit, Torres, et al. v. Milusnic, et al., 2:20-cv-04450- 17 CBM-PVCx, has not provided Petitioner with any relief from the unconstitutional conditions of confinement. [Dkt. No. 1 at 3.] 18 According to public records, Petitioner’s projected release date is July 19 28, 2029. See Fed. R. Evid. 201; Federal Bureau of Prisons Inmate Locator, 20 https://www.bop.gov/inmateloc (accessed October 20, 2022). 21
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26 2 Pursuant to Rule 201 of the Federal Rules of Evidence, the Court takes judicial notice of the federal dockets and filings available through the PACER system. See 27 also Harris v. County of Orange, 682 F. 3d 1126, 1131-32 (9th Cir. 2012) (noting that 28 a court may take judicial notice of court records). 1 II. Discussion 2 A. Duty to Screen the Petition 3 Summary dismissal of a federal habeas petition is required “[i]f it 4 plainly appears from the petition and any attached exhibits that the 5 petitioner is not entitled to relief in the district court.” Rule 4 of the Rules 6 Governing Section 2254 Cases in the United States District Courts (“Habeas 7 Rules”); see also Habeas Rule 1(b) (permitting district courts to apply 8 Habeas Rules to Section 2241 habeas proceedings); Lane v. Feather, 584 F. 9 App’x 843, 843 (9th Cir. 2014) (affirming district court’s application of Habeas 10 Rule 4 to dismiss Section 2241 petition). Moreover, the Court must assess its 11 jurisdiction over a section 2241 petition “before proceeding to any other issue.” 12 Hernandez v. Campbell, 204 F.3d 861, 865 (9th Cir. 2000). 13 B. This Court Lacks Jurisdiction Over a Request for 14 Compassionate Release under a Sentence Imposed in 15 Another District 16 Petitioner seeks immediate release from custody based on his medical 17 conditions and exposure to various health and safety risks including those 18 related to the COVID-19 pandemic. [Dkt. No. 1 at 3-5, 10.] Although the 19 Petition is labeled as a petition for writ of habeas corpus under 28 U.S.C. 20 § 2241, to the extent that it actually seeks compassionate release, it is not 21 properly before this Court. 22 Under 18 U.S.C. § 3582(c)(1)(A), all motions for sentencing reductions, 23 including motions for compassionate release, must be filed in the sentencing 24 court. See United States v. Ono, 72 F.3d 101, 102 (9th Cir. 1995) (a motion 25 under Section 3582(c) “is undoubtedly a step in the criminal case” that “requires the [sentencing] court to reexamine the original sentence” (citation 26 omitted)); see also United States v. Raia, 954 F.3d 594, 595 (3d Cir. 2020) 27 (“Section 3582’s text requires those motions to be addressed to the 28 1 sentencing court, a point several Circuits have noted . . . .”); Bolden v. Ponce, 2 No. CV 20-3870-JFW (MAA), 2020 WL 2097751, at *2 (C.D. Cal. May 1, 2020) 3 (district court lacks authority to grant release under § 3582(c)(1)(A) based on 4 conditions caused by COVID-19 pandemic because petition was not filed in 5 sentencing court); Mitchell v. Engleman, No. CV 21-06488-JWH (JEM), 2021 6 WL 4641945, at *1 (C.D. Cal. Sept. 9, 2021) (same); Thody v. Swain, No. CV 7 19-09641-PA (DFM), 2019 WL 7842560, at *2 (C.D. Cal. Nov. 26, 2019) (“[B]y 8 its plain language, 18 U.S.C. § 3582(c)(1)(A) requires Petitioner to move for 9 reduction in the sentencing court.”); Mohrbacher v. Ponce, No. CV 18-00513- 10 DMG (GJS), 2019 WL 161727, at *1 & n.1 (C.D. Cal. Jan. 10, 2019) (same). 11 Petitioner was sentenced in the District of Montana in United States v. 12 Trent Scentail Smith, 6:16-cr-00002-DLC. If Petitioner seeks compassionate 13 release under Section 3582(c), he must submit a motion to the sentencing 14 court.3 15 C. Petitioner’s Claims Are Not Cognizable on Habeas Review 16 A habeas corpus petition under 28 U.S.C. § 2241 is a vehicle for a 17 federal prisoner to challenge to the execution of his sentence. Hernandez, 204 18 F.3d at 864. Challenges to a prisoner’s conditions of confinement, however, 19 must be brought in a civil rights complaint rather than a habeas corpus 20 petition. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991); see also Hill v. 21 McDonough, 547 U.S. 573, 579 (2006) (“[a]n inmate’s challenge to the 22 23
24 3 The Court takes judicial notice of the docket in the United States District Court for 25 the District of Montana. Petitioner has filed several motions for compassionate release which have been denied by the sentencing court. [See Dkt. Nos. 148, 150, 26 157, 159, 160, 173, 178, 179, 180.] On June 15, 2020, Petitioner filed an appeal of the district court’s order denying his motion for compassionate release in the Ninth 27 Circuit. [See Dkt. No. 161.] On January 27, 2021, the Ninth Circuit affirmed the 28 district court’s decision. See United States v. Trent Scentail Smith, Case No. 20- 1 circumstances of his confinement” must be brought through a civil rights 2 action); Muhammad v. Close, 540 U.S. 749, 750 (2004) (“Challenges to the 3 validity of any confinement or to particulars affecting its duration are the 4 province of habeas corpus . . . ; requests for relief turning on circumstances of 5 confinement may be presented in a § 1983 action.”) (citation omitted). A civil 6 rights action is the “proper remedy” for a prisoner “who is making a 7 constitutional challenge to the conditions of his prison life, but not to the fact 8 or length of his custody.” Preiser v. Rodriguez, 411 U.S. 475, 499 (1973); see 9 also Ramirez v. Galaza, 344 F.3d 850, 859 (9th Cir. 2003) (habeas jurisdiction 10 is lacking, and a civil rights action instead is appropriate, “where a successful 11 challenge to a prison condition will not necessarily shorten the prisoner’s 12 sentence”). “[C]onstitutional claims that merely challenge the conditions of a 13 prisoner’s confinement, whether the inmate seeks monetary or injunctive 14 relief, fall outside of that core [of habeas relief]” and, instead, should be 15 brought as a civil rights claim “in the first instance.” Nelson v. Campbell, 541 16 U.S. 637, 643 (2004). Petitioner’s claims are based on the alleged failure to provide him with 17 adequate medical treatment and take certain health and safety precautions 18 related to preventing the risk of contracting COVID-19 at FCI Lompoc. [Dkt. 19 No. 1 at 3-5.] These are classic conditions of confinement claims that do not 20 implicate the fact or duration of Petitioner’s confinement despite his 21 requested remedy of release from custody. As such, his allegations sound in 22 civil rights, not in habeas, and the Court declines to exercise its discretion to 23 construe the Petition as a civil rights complaint. Bolden, 2020 WL 2097751, at 24 *2 & n.1; accord Smith v. Von Blanckensee, No. CV 20-4642-JVS (JEM), 2020 25 WL 4370954, at *3 (C.D. Cal. Jul. 2, 2020). If Petitioner seeks to challenge his 26 conditions of confinement or seeks damages for civil rights violations, his 27 28 1 | claims are properly brought pursuant to Bivens v. Six Unknown Named of 2 || Federal Bureau of Narcotics, 403 U.S. 388 (1971). ° III. Order For the reasons set forth above, this action is dismissed without
‘ prejudice. IT IS SO ORDERED.
7 || DATED: May 7, 2026 if 8 MAAME EWUSI-MENSAH FRIMPONG 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28