Dalton

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALVIN HENRY DALTON, Case No. 19-cv-03091-JST

8 Petitioner,

ORDER OF DISMISSAL

v. 9

10 KOENIG,

Respondent. 11

12 13 INTRODUCTION 14 Petitioner, a state prisoner incarcerated at Correctional Training Facility, commenced this 15 action by filing a petition for writ of habeas corpus. He asserts that prison officials violated his 16 due process rights when they denied him an overnight spousal visitation. Dkt. No. 1-1 at 32–37. 17 Petitioner’s request to proceed in forma pauperis is granted. Dkt. No. 6. For the reasons set forth 18 below, the Court DISMISSES this action without prejudice to Petitioner filing a civil rights action. 19 DISCUSSION 20 The Court must dismiss Petitioner’s case for lack of habeas corpus jurisdiction because his 21 claims do not affect the fact or duration of his confinement. “‘Federal law opens two main 22 avenues to relief on complaints related to imprisonment: a petition for habeas corpus, 28 U.S.C. § 23 2254, and a…