1

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 LYNN RAY GRIM, Case No. 3:22-cv-00012-MMD-WGC

7 Petitioner, ORDER v. 8 PERRY RUSSELL, et al., 9 Respondents. 10 11 Petitioner Lynn Ray Grim, a prisoner at the Northern Nevada Correctional Center, 12 has submitted a pleading on the form for a petition for writ of habeas corpus under 28

. (ECF No. 1-1.) Grim seeks relief with respect to the way his inmate 14 financial account is being managed. 15 Section 2241 of Title 28 provides relief for prisoners in custody in violation of the 16 of the Constitution, laws, or treaties of the United States. See § 2241(c)(3); Carafas v. 17 LaVallee,

(1968). Grim’s claims are not cognizable under

2241 because they do not concern the fact or duration of his confinement. See Preiser v. 19 Rodriguez,

(1973). Instead, he is challenging the conditions of his 20 confinement, which makes a civil rights action under

his proper means 21 for relief. See

. 22 In addition, this matter has not been properly commenced because Grim has not 23 paid a filing fee or filed a motion to proceed in forma pauperis. See

(a)(2) 24 and Local Rule LSR 1-2. 25 It is therefore ordered that this action is dismissed without prejudice. If Grim wishes 26 to pursue his claims, he must file a new cause of action in a new proceeding with an in 27 forma pauperis application on the proper form with all required attachments. 28 /// 1 The Clerk of Court is directed to send Grim an application to proceed in forma 2 || pauperis for incarcerated persons and the form for a civil rights complaint under 42 U.S.C. 3 || § 1983, one copy of the instructions for each form, and a copy of the papers that he 4 || submitted in this action. 5 It is further ordered that a certificate of appealability is denied, as jurists of reason 6 || would not find the Court’s dismissal of this improperly commenced action without 7 || prejudice to be debatable or incorrect. 8 The Clerk of Court is further directed to enter judgment accordingly and close this 9 || case. 10 DATED THIS 18" Day of January 2022. 11 12 ALLQ IRANDA M. DU 13 CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28