Darrell E. Harris v. Calif. Dept. of Corr. Chino CA

INTRODUCTION

On April 14, 2020, Darrell E. Harris (“Petitioner”), a state prisoner incarcerated at California Institution for Men (“CIM”), filed a Petition for Writ of Habeas Corpus. See Dkt. 1 (“Petition”).1 He has also filed a Motion for Extension of Time to File In Forma Pauperis and Correctional Filing Supplemental, see Dkt. 3, and a Motion to Dismiss in Part and Proceed on Remaining Claim of Failure to Protect by Social Distancing, see Dkt. 4. For the reasons stated below, the Court finds that the Petition challenges the condition of Petitioner’s confinement and therefore is not cognizable on habeas review. And this Court lacks any basis to provide relief to Petitioner on his § 3582(c)(1)(A) claim. Accordingly, the Court recommends that the

1 All page citations are to the electronic CM/ECF pagination. Petition be summarily dismissed without prejudice.

II. DISCUSSION

A habeas corpus action is the proper mechanism for a prisoner to challenge the legality or duration of his confinement. See Preiser v. Rodriguez, 411 U.S. 475, 484 (1973) (“[T]he essence of habeas corpus 1s an attack by a person in custody upon the legality of that custody, and... the traditional function…