Chairez v. Dexter

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/1/09 ORDERING that this action is construed as a civil rights action; the 1 petition is DISMISSED w/ 30 days to file a civil rights cmplt; the clerk to send petitioner civil rights cmplt form. (Yin, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. D. DEXTER, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges that he was wrongly validated as a gang member. As a result of this validation, he is now housed in the security housing unit. The purpose of a habeas corpus petition brought pursuant to 28 U.S.C. § 2254 is to challenge the validity of a conviction or sentence. The purpose of a civil rights action brought pursuant to 42 U.S.C. § 1983 is to challenge a condition of confinement. Because this action challenges conditions of confinement, it is construed as a civil rights action. For that reason, the petition is dismissed and petitioner is directed to file a complaint containing his claims. ///// ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MANUEL CHAIREZ, IV, Petitioner, No. CIV S-09-0786 GGH P

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ch786.ame complaint.

Accordingly, IT IS HEREBY ORDERED that: 1. This action is construed as a civil rights action; 2. The petition is dismissed with thirty days to file a civil rights complaint; failure to comply with this order will result in a recommendation of dismissal of this action; 3. The Clerk of the Court is directed to send petitioner the form for a civil rights

DATED: April 1, 2009 /s/ Gregory G. Hollows ___________________________________ UNITED STATES MAGISTRATE JUDGE

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