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).