Dalton

Dalton v. Koenig

Good Law
United States District Court, Northern District of CaliforniaOctober 28, 20194:19-cv-03091California955 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALVIN HENRY DALTON, Case No. 19-cv-03091-JST

Petitioner,

ORDER OF DISMISSAL

v.

KOENIG,

Respondent.

12 INTRODUCTION Petitioner, a state prisoner incarcerated at Correctional Training Facility, commenced this action by filing a petition for writ of habeas corpus. He asserts that prison officials violated his due process rights when they denied him an overnight spousal visitation. Dkt. No. 1-1 at 32–37. Petitioner’s request to proceed in forma pauperis is granted. Dkt. No. 6. For the reasons set forth below, the Court DISMISSES this action without prejudice to Petitioner filing a civil rights action. DISCUSSION The Court must dismiss Petitioner’s case for lack of habeas corpus jurisdiction because his claims do not affect the fact or duration of his confinement. “‘Federal law opens two main avenues to relief on complaints related to imprisonment: a petition for habeas corpus, 28 U.S.C. § 2254, and a…

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