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Greenhill v. Lappin

United States Court of Appeals, Ninth Circuit
Apr 19, 2010
376 F. App'x 757 (9th Cir. 2010)

Summary

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens v. Six Unknown Named Narcotics Agents, 403 U.S. 388

Summary of this case from McVay v. Merlak

Opinion

No. 08-56032.

Submitted April 5, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed April 19, 2010.

Anthony Leon Greenhill, Adelanto, CA, pro se.

U.S. Attorney, Esquire, USLA-Office of the U.S. Attorney, Los Angeles, CA, for Respondents-Appellees.

Appeal from the United States District Court for the Central District of California, John F. Walter, District Judge, Presiding. D.C. No. 2:08-w-02501-JFW.

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and except as provided by 9th Cir. R. 36-3.

Federal prisoner Anthony Leon Greenhill appeals pro se from the district court's judgment dismissing his 28 U.S.C. § 2241 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Greenhill contends that prison officials have been retaliating against him by mis-handling his special/legal mail and that this constitutes an additional and unconstitutional restraint warranting habeas relief. He further argues that he is entitled to an evidentiary hearing on this claim. The appropriate remedy for Greenhill's claim, which relates to the conditions of his confinement, lies in a civil rights action under Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and the First Amendment. See Preiser v. Rodriguez, 411 U.S. 475, 498-99, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973) (holding that habeas relief applies when a prisoner challenges the fact or duration of his confinement, and a § 1983 action is the proper remedy for a constitutional violation relating to the conditions of prison life); Tucker v. Carlson, 925 F.2d 330, 331-32 (9th Cir. 1991) (holding that a federal prisoner challenging the execution of his sentence must bring a § 2241 habeas petition, whereas a prisoner complaining of civil rights violations must bring a Bivens action). Moreover, because the record conclusively shows that Greenhil is not entitled to § 2241 habeas relief, the district court did not abuse its discretion by failing to hold an evidentiary hearing. See Anderson v. United States, 898 F.2d 751, 753 (9th Cir. 1990) (per curiam).

Greenhill also contends that the district judge did not have all of the necessary evidence before him when determining whether to dismiss the petition because the magistrate judge did not allow Greenhill's "Appendix Addendum" to be filed. Greenhill has not met his burden of showing that the magistrate judge abused his discretion by rejecting the document on the basis that it failed to comply with the local rules. See Delange v. Dutra Const. Co., 183 F.3d 916, 919 n. 2 (9th Cir. 1999) (per curiam) (stating that district courts "`have broad discretion in interpreting and applying their local rules'") ( quoting Miranda v. Southern Pac. Transp., 710 F.2d 516, 521 (9th Cir. 1983)).

Further, the district court properly dismissed the action with prejudice after noting the deficiencies of Greenhill's § 2241 petition and giving him multiple opportunities to properly allege a Bivens action. See McHenry v. Renne, 84 F.3d 1172, 1177-80 (9th Cir. 1996) (affirming dismissal with prejudice of civil rights complaint for repeated failures to corrected noted pleading shortcomings).

AFFIRMED.


Summaries of

Greenhill v. Lappin

United States Court of Appeals, Ninth Circuit
Apr 19, 2010
376 F. App'x 757 (9th Cir. 2010)

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens v. Six Unknown Named Narcotics Agents, 403 U.S. 388

Summary of this case from McVay v. Merlak

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Djenasevic v. Langford

holding that the appropriate remedy for a federal prisoner's claim relating to the conditions of confinement is a civil rights action under Bivens

Summary of this case from Westine v. Warden, U.S. Penitentiary, Victorville

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Arancibia v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Flores v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Salazar-Torres v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Viera-Torres v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Alvarez-Tejada v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Lopez v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Martinez v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Ramirez v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from McColley v. Tews

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Palacios v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Gonzalez v. Benov

holding that the appropriate remedy for a federal prisoner's claim that relates to the conditions of his confinement is a civil rights action under Bivens

Summary of this case from Lahigi v. Benov

affirming dismissal of § 2241 petition because "[t]he appropriate remedy for Greenhill's claim, which relates to the conditions of his confinement, lies in a civil rights action under Bivens "

Summary of this case from Ibarra-Perez v. Howard
Case details for

Greenhill v. Lappin

Case Details

Full title:Anthony Leon GREENHILL, Petitioner-Appellant, v. Harley LAPPIN, Director…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 19, 2010

Citations

376 F. App'x 757 (9th Cir. 2010)

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