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Jacques v. Kennard

United States District Court, D. Utah, Central Division
Jun 26, 2004
No. 2:04-CV-302 PGC (D. Utah Jun. 26, 2004)

Opinion

No. 2:04-CV-302 PGC.

June 26, 2004


ORDER


Petitioner/inmate, Marvin Jean Jacques, filed for habeas corpus relief. See 28 U.S.C.A. § 2254 (West 1994 Supp. 2003). In his petition, he complains he has been denied medical treatment for Hepatitis C.

In general, habeas corpus petitions are available to prisoners who want to "contest the fact or duration of custody" by "challeng[ing] their convictions [or] sentences." Boyce v. Ashcroft, 251 F.3d 911, 914 (10th Cir. 2001). Meanwhile, "[p]risoners who raise constitutional challenges to other prison decisions — . . . e.g., conditions of confinement, must proceed under Section 1983." Id. Plaintiff's allegation regarding inadequate medical treatment is a classic prison-conditions claim and is inappropriately brought in this habeas corpus petition.

IT IS THEREFORE ORDERED that this petition is dismissed. Petitioner may bring his claim in a civil right complaint if he wishes to proceed further. See 42 U.S.C.A. § 1983 (West 2003).


Summaries of

Jacques v. Kennard

United States District Court, D. Utah, Central Division
Jun 26, 2004
No. 2:04-CV-302 PGC (D. Utah Jun. 26, 2004)
Case details for

Jacques v. Kennard

Case Details

Full title:MARVIN JEAN JACQUES, Petitioner, v. SHERIFF AARON KENNARD, Respondent

Court:United States District Court, D. Utah, Central Division

Date published: Jun 26, 2004

Citations

No. 2:04-CV-302 PGC (D. Utah Jun. 26, 2004)