Hazel v. Russell

6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * TERRANCE HAZEL, Case No. 3:20-cv-00428-LRH-CLB 10 Petitioner, ORDER v. RUSSEL, et al., Respondents.

15 Petitioner Terrance Hazel has submitted what he has styled as a pro se habeas corpus petition (ECF No. 1). The petition is dismissed for failure to state a claim that is cognizable in federal habeas corpus.

18 Inmates in state custody pursuant to a state-court judgment who challenge their judgment of conviction or sentence on federal constitutional grounds may pursue a 28 U.S.C. § 2254 petition for writ of federal habeas corpus. Further, “relief is available to a prisoner under the federal habeas statute only if success on the claim would ‘necessarily spell speedier release’ from custody.” Nettles v. Grounds, 788 F.3d 992, 1001 (9th Cir. 2015); 28 U.S.C. § 2254. Here, however, petitioner claims that Northern Nevada Correctional Center personnel are not complying with COVID-19 pandemic safety protocols in deliberate indifference to serious medical and safety needs (ECF No. 1, pp. 3-4). Such a claim implicates petitioner’s Eighth Amendment rights under 28 U.S.C. § 1983. He also seeks to assert a claim under the Americans with Disabilities Act. Id. at 7-8. Therefore, the petition is dismissed for failure to state of compliance with COVID-19 safety protocols in NDOC institutions. However, petitioner must || 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 ||_ 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 || case.

8 IT IS FURTHER ORDERED that the Clerk SEND to petitioner one copy each of the || prisoner application to proceed in forma pauperis and 42 U.S.C. § 1983 complaint form and || instructions, along with the papers he filed in this action.

12 DATED this 19th day of August, 2020. / , .

14 LAR . HICKS 15 UNITED STATES DISTRICT JUDGE