Alexander

Alexander v. CDCR Administration

Good Law
United States District Court, Northern District of CaliforniaJune 13, 20253:25-cv-03668California893 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.