Reiser v. Jones ( 2022 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 HANS REISER, Case No. 22-cv-05071-WHO (PR) 5 Petitioner, v. ORDER OF DISMISSAL 7 GENA JONES, Dkt. No. 9 g Respondent. 9 10 This federal action was filed as a petition for writ of habeas corpus, that is, as a 11 || challenge to the lawfulness or duration of petitioner Hans Reiser’s incarceration. A review of the petition, however, shows that Reiser is challenging the conditions of his 5 13 |} confinement at the California Health Care Facility in Stockton, California. Because S 14 || success on such a request will not affect the length of his incarceration, his claims are not 3 15 || the proper subject of a habeas action. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) a 16 || (habeas corpus action proper mechanism for challenging “legality or duration” of 3 17 confinement). Furthermore, the Eastern District of California, where Reiser 1s held, not 18 || the Northern District, is the appropriate forum in which to challenge the conditions of 19 || confinement. 20 Accordingly, this action is DISMISSED without prejudice to Reiser filing a federal 21 || civil rights action in the Eastern District. 22 Reiser’s motion to proceed in forma pauperis in this habeas action is GRANTED. 23 || (Dkt. No. 9.) The Clerk shall terminate all pending motions, enter judgment in favor of 24 || respondent, and close the file. 25 IT IS SO ORDERED. 26 Dated: September 28, 2022 WoM.Qe 27 . ORR 28 United States District Judge