Dean Himbler Aviles v. Heriberto H. Tellez

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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