Lazor v. Atchley

Background

Free Lazor, a prisoner representing himself, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2243. The petition sought photocopies of documents filed in an earlier habeas case. The opinion states that the earlier case had been dismissed and that its file had been sent to the Federal Records Center.

Court’s reasoning

The court reviewed the petition under the procedure governing petitions under 28 U.S.C. § 2254. It explained that habeas relief is available to prisoners seeking immediate or speedier release from confinement. Because photocopies would not provide that type of relief, the court concluded that the requested relief was unavailable in a habeas action. The court also explained that claims outside the core of habeas corpus may instead be brought under 42 U.S.C. § 1983, but it did not convert Lazor’s petition into a § 1983 action.

Ruling

The court dismissed the petition. It did not state that the dismissal was with or without prejudice. For Lazor’s benefit, the court provided information about the location of the earlier case file and how to obtain court documents from the Federal Records Center. Judge Edward M. Chen signed the order.