Tatum v. Horel

Filing 4

ORDER DISMISSING CASE. Signed by Judge William Alsup on 9/10/08. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 9/10/2008)

1 2 3 4 5 6 7 8 9 10 IRVIN TERRELL TATUM, Petitioner, vs. ROBERT HOREL, Warden, Respondent. / No. C 08-3680 WHA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

This is a habeas case filed pro se by a state prisoner. He seeks to challenge a rules violation conviction which resulted in his being placed in the Security Housing Unit. Because petitioner did not lose any good time as a result of the conviction, it appeared that the disciplinary conviction might not be a proper subject of a habeas petition. See Moran v. Sondalle, 218 F.3d 647, 650-52 (7th Cir. 2000); Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (civil rights action is proper method of challenging conditions of confinement); Crawford v. Bell, 599 F.2d 890, 891-92 & n.1 (9th Cir. 1979) (affirming dismissal of habeas petition on basis that challenges to terms and conditions of confinement must be brought in civil rights complaint). Petitioner was ordered to show cause why the petition should not be dismissed. He has responded. In his response petitioner contends only that the petition should be allowed to proceed because his constitutional rights were violated in the disciplinary proceeding. This does not go to whether the proceeding affected the fact of his confinement or the length of it. The petition therefore will be dismissed.

1 2 3 4 5 6 7 8 9 10

CONCLUSION For the reasons set out above, the habeas petition is DISMISSED. The clerk shall close the file. IT IS SO ORDERED. Dated: September 10 , 2008.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
G:\PRO-SE\W HA\HC.08\TATUM3680.DSM.wpd

2