Peery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC J. LIVELY, No. 2:21-cv-2203 AC P Petitioner, v. ORDER S. PEERY, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. A petitioner may seek federal habeas relief from a state-court conviction or sentence “only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). Although the pleading is styled as a § 2254 petition, it does not challenge petitioner’s sentence or conviction. Instead, petitioner’s claims relate to the prison’s alleged failure to follow COVID protocols, improper removal of asbestos, and failure to properly process grievances—all of which involve conditions of confinement—and petitioner appears to seek an injunction related to this behavior. ECF No. 1 at 3, 5, 7. Accordingly, the petition should have been brought as a civil…