Love v. Salinas Valley State Prison

Filing 3

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 3/14/2016. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 3/15/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KENNARD I. LOVE, AA7389,
Petitioner(s),

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vs.
SALINAS VALLEY STATE PRISON,
Respondent(s).

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No. C 16-1178 CRB (PR)
ORDER OF DISMISSAL
(Dkt. #2)

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Petitioner, a prisoner at Salinas Valley State Prison (SVSP), has filed a pro

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se petition for a writ of habeas corpus challenging the refusal of SVSP officials to

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“modify [his] custody status.” Pet. at 1. Petitioner also seeks leave to proceed in

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forma pauperis under 28 U.S.C. § 1915.

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Based solely on his affidavit of poverty, petitioner’s request to proceed in

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forma pauperis (dkt. #2) is GRANTED. But the petition for a writ of habeas

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corpus is DISMISSED without prejudice to filing a civil rights complaint under

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42 U.S.C. § 1983.

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It is well established in the Ninth Circuit that habeas jurisdiction is absent,

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and a § 1983 action proper, where, as here, a successful challenge to a prison

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condition or event will not necessarily shorten the prisoner’s sentence. Ramirez

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v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003). In addition, the preferred practice

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in this circuit has been that challenges to conditions of confinement be brought in

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a civil rights complaint. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991)

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(civil rights action is proper method of challenging conditions of confinement);

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Crawford v. Bell, 599 F.2d 890, 891-92 & n.1 (9th Cir. 1979) (affirming

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dismissal of habeas petition on basis that challenges to terms and conditions of

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confinement must be brought in civil rights complaint).

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The clerk shall send petitioner a prisoner civil rights complaint form, enter

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judgment in accordance with this order, terminate all pending motions as moot,

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and close the file.

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SO ORDERED.

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DATED: March 14, 2016
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.16\Love, K.16-1178.dismissal.wpd

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