Stanley v. Broomfield

Filing 3

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 9/8/2020. (lsS, COURT STAFF) (Filed on 9/8/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERALD FRANK STANLEY, C80900,

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Petitioner,

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RON BROOMFIELD, Warden,
Respondent.

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United States District Court
Northern District of California

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ORDER OF DISMISSAL

v.

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Case No. 20-cv-05420-CRB (PR)

Petitioner, a prisoner at San Quentin State Prison’s (SQSP) death row and frequent litigant

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in federal court, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254

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challenging various aspects and conditions of his confinement, including denial of access to the

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courts and misconduct by prison guards.

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Based on petitioner’s prior affidavits of poverty, leave to proceed IFP is GRANTED. But

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the petition for a writ of habeas corpus is DISMISSED without prejudice to filing a civil rights

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complaint under 42 U.S.C. § 1983.1

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It is well established in the Ninth Circuit that habeas jurisdiction is absent, and a § 1983

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action proper, where, as here, a successful challenge to a prison condition or event will not

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necessarily shorten the prisoner’s sentence. Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003).

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In addition, the preferred practice in this circuit has been that challenges to conditions of

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confinement be brought in a civil rights complaint under § 1983. See Badea v. Cox, 931 F.2d 573,

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574 (9th Cir. 1991) (civil rights action is proper method of challenging conditions of

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

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of habeas petition on basis that challenges to terms and conditions of confinement must be brought

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It appears that plaintiff already has brought the same claims brought here in a civil rights
complaint under § 1983. See Stanley v. Broomfield, No. 20-cv-6111-SK (N.D. Cal. filed Aug. 31,
2020).

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in civil rights complaint).

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The clerk is instructed to close the file and terminate all pending motions as moot.

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IT IS SO ORDERED.

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Dated: September 8, 2020
______________________________________
CHARLES R. BREYER
United States District Judge

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United States District Court
Northern District of California

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