Grajeda v. Director of Corrections

Filing 6

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 11/15/2011. (Attachments: # 1 Certificate of Service)(tmi, COURT STAFF) (Filed on 11/16/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C-11-4700 TEH (PR)

DANIEL GRAJEDA,

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Petitioner,

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v.

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DIRECTOR OF CORRECTIONS,

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ORDER OF DISMISSAL

Respondent.

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/

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Petitioner Daniel Grajeda, a state prisoner incarcerated

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at Pelican Bay State Prison, has filed a petition for writ of habeas

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corpus under 28 U.S.C. § 2254 challenging prison conditions.

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#1 at 2.

Doc.

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Petitioner’s challenge to the conditions of his

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confinement by way of a federal petition for writ of habeas corpus

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is DISMISSED without prejudice to Petitioner filing a civil rights

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complaint under 42 U.S.C. § 1983.

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not addressed whether a challenge to a condition of confinement may

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be brought under habeas, see Bell v. Wolfish, 441 U.S. 520, 526 n.6

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(1979), the Ninth Circuit has held that habeas jurisdiction is

Although the Supreme Court has

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absent, and a 42 U.S.C. § 1983 action proper, where, as here, a

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successful challenge to a prison condition will not necessarily

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shorten the prisoner’s sentence.

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850, 859 (9th Cir. 2003); see also Badea v. Cox, 931 F.2d 573, 574

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(9th Cir. 1991) (civil rights action is proper method of challenging

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conditions of confinement); Crawford v Bell, 599 F.2d 890, 891-92 &

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n.1 (9th Cir. 1979) (affirming dismissal of habeas petition on basis

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that challenges to terms and conditions of confinement must be

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brought in civil rights complaint).

See Ramirez v. Galaza, 334 F.3d

United States District Court
For the Northern District of California

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The Clerk shall terminate any pending motions as moot,

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enter judgment in accordance with this order and close the file.

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IT IS SO ORDERED.

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DATED

11/15/2011
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.11\Grajeda-11-4700-dism-hc-as-cr.wpd

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