Descamps

Descamps v. Van De Veer

Good Law
31 F. App'x 435
United States Court of Appeals for the Ninth CircuitFebruary 22, 2002No. 01-35115; D.C. No. CV-00-00218-AAMCalifornia442 words

Opinion

Lead Opinion

MEMORANDUM **

Matthew R. Descamps, a Washington state prisoner, appeals pro se the district *436 court’s judgment dismissing without prejudice pursuant to 28 U.S.C. §§ 1915 (e)(2) and 1915A(b)(l) his civil rights complaint seeking to overturn his conviction and press criminal charges against a judge and prosecuting attorney. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Descamps’ claims challenging the fact and duration of his confinement because those claims are cognizable only in a petition for writ of habeas corpus. Smithart v. Towery, 79 F.3d 951, 952 (9th Cir.1996) (per curiam).

To the extent Descamps seeks to press criminal charges against Judge Philip Van De Veer and prosecuting attorney Michael J. Carbone for their allegedly unconstitutional conduct during his criminal trial, Descamps lacks standing to bring such a claim. See Linda R.S. v. Richard D., 410 U.S. 614, 619 , 93 S.Ct. 1146 , 35 L.Ed.2d 536 (1973) (stating that a private citizen lacks a judicially cognizable interest in the prosecution or non-prosecution of another).

To the extent…

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