Alexander
Alexander v. CDCR Administration
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEVEN E. ALEXANDER, Case No. 25-cv-03668-WHO (PR)
Plaintiff, ORDER DISMISSING COMPLAINT
WITH LEAVE TO FILE A
v. PETITION FOR WRIT OF HABEAS
CORPUS
CDCR ADMINISTRATION, Dkt. Nos. 6 and 7 Defendant.
12 This action cannot proceed as a civil rights action under 42 U.S.C. § 1983 but can possibly proceed as a habeas action under 28 U.S.C. § 2254. This Order explains why and what plaintiff Steven E. Alexander needs to do for this matter to go forward. His section 1983 complaint is DISMISSED without prejudice to his filing a habeas petition under section 2254 on or before August 1, 2025. This action was filed as a civil rights action under 42 U.S.C. § 1983, which is the proper vehicle to challenge conditions of confinement. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991). But a review of the section 1983 complaint shows that Alexander is challenging his detention, which, he asserts, continues even though he…