Anthony Greenhill v. Harley Lappin

MEMORANDUM

Federal prisoner Anthony Leon Green-hill appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2241 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Greenhill contends that prison officials have been retaliating against him by mishandling his special/legal mail and that this constitutes an additional and unconstitutional restraint warranting habeas relief. He further argues that he is entitled to an evidentiary hearing on this claim. The appropriate remedy for Greenhill’s claim, which relates to the conditions of his confinement, lies in a civil rights action under Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), and the First Amendment. See Preiser v. Rodriguez, 411 U.S. 475, 498-99 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973) (holding that habeas relief applies when a prisoner challenges the fact or duration of his confinement, and a § 1983 action is the proper remedy for a constitutional violation relating to the conditions of prison life); Tucker v. Carlson, 925 F.2d 330, 331-32 (9th Cir.1991) (holding that a feder al prisoner challenging the execution of his sentence must bring…