Lopez

Lopez v. Warden Corcoran State Prison

Good Law
68 F. App'x 63
United States Court of Appeals for the Ninth CircuitJune 17, 2003No. 02-16861; D.C. No. CV-01-01577-FCDCalifornia260 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Andrew Rick Lopez appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition, which challenges a prison disciplinary finding. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), and we affirm.

Lopez filed this case as a § 2254 habeas petition, but his petition challenges a prison disciplinary finding for lack of evidence and seeks expungement of his prison record, injunctive relief, and damages. These *64 allegations alone do not create a habeas claim. See Heck v. Humphrey, 512 U.S. 477, 481 , 114 S.Ct. 2364 , 129 L.Ed.2d 388 (1994) (stating that a habeas corpus claim exists when a state prisoner “challenges the fact or duration of his confinement and seeks immediate or speedier release”) (discussing Preiser v. Rodriguez, 411 U.S. 475 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973)). Thus, we affirm the district court on the grounds that Lopez’s petition does not state a claim cognizable on habeas.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

. Lopez's motion regarding legal mail,…

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