Everett
Everett v. Clark
Opinion
Lead Opinion
*960 MEMORANDUM **
Lonnie Everett appeals pro se the district court’s dismissal of his 28 U.S.C. § 2241 petition for failure to state claims which warrant habeas corpus relief. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001), and we affirm.
Everett stated in his section 2241 petition that prison officials sanctioned him with seven days of segregation 1 and loss of 30 days of commissary privileges, 13 days of good time credit, and his prison job. Everett, however, only requested relief for his time in segregation and loss of commissary and therefore failed to state a cognizable claim under section 2241. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir.1991) (stating that habeas corpus proceedings are the proper mechanism for a prisoner to challenge the legality or duration of confinement, while a civil rights action is the proper method of challenging conditions of confinement). Accordingly, the district court properly dismissed Everett’s petition without prejudice and granted him leave to file an amended petition.