Dean Himbler Aviles v. Heriberto H. Tellez

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

8 9 10 DEAN HIMBLER AVILES, ) Case No. CV 20-1943-JGB (JPR) ) 11 Petitioner, ) ) ORDER DISMISSING PETITION FOR 12 v. ) WRIT OF HABEAS CORPUS AND ) ADMINISTRATIVELY CLOSING CASE 13 HERIBERTO H. TELLEZ et ) al., ) 14 ) Respondents. ) 15 16 On February 27, 2020, Petitioner filed what he styled as a 17 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. The 18 next day he was acquitted of all charges after a jury trial in 19 this District. See United States v. Aviles, No. CR 18-0175-CAS 20 (C.D. Cal. filed Mar. 29, 2018), ECF No. 99. In the “Petition,” 21 he challenges his jailers’ handling of his mail, claiming that 22 they are intentionally delaying it so as to obstruct court cases 23 he has filed. (Pet. at 3-4.) He acknowledges that his Petition 24 “concerns jail or prison conditions, not a conviction or 25 sentence.” (Id. at 5.) 26 The Petition is a disguised civil-rights action and must be 27 filed as such. Habeas corpus “is the exclusive remedy . . . for…