Jacobs v. Huibregtse

Filing 9

ORDER dismissing without prejudice 4 Petition for Writ of Habeas Corpus. Signed by Chief Judge Barbara B. Crabb on 12/17/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN

C H R IS J. JACOBS, III, P e ti ti o n e r , v. 0 9 - cv -0 6 5 2 - b b c P ET E R HUIBREGTSE, Warden, W isconsin Secure Program Facility, R espo nd ent. OR DER

C h ris J. Jacobs, III, has filed an application for a writ of habeas corpus pursuant to 28 U .S.C. § 2254. I have granted his application for leave to proceed in forma pauperis in a separate order. The petition is before the court for preliminary review under Rule 4 of the R ules Governing Section 2254 Cases. In the petition, petitioner alleges that prison staff are depriving him of adequate food, b ut this is a complaint about the conditions of his custody, rather than the fact or duration of it. Such complaints are not properly brought in a habeas petition. Preiser v. Rodriguez, 41 1 U.S. 475, 486-87 (1973). If petitioner wants to pursue this claim, he must file a civil law suit under 42 U.S.C. § 1983.

OR DER IT IS ORDERED that the petition of Chris Jacobs, III for a writ of habeas corpus is D IS M IS S ED WITHOUT PREJUDICE. Entered this 17t h day of December, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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