Upshaw

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDRE UPSHAW, Case No. 20-cv-03460-HSG

Petitioner, ORDER OF DISMISSAL v.

JAMES ROBERTSON, Respondent.

12 INTRODUCTION Petitioner, a state prisoner incarcerated at Pelican Bay State Prison, commenced this action by filing a petition for writ of habeas corpus. Petitioner is serving a life without parole term. Dkt. No. 1 at 17. He asserts that prison officials violated his constitutional rights when they found him guilty of battery on a non-inmate causing serious bodily harm and assessed him a thirty-month term in the Secured Housing Unit. See generally Dkt. No. 1. 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 this action for lack of habeas corpus jurisdiction because petitioner’s claims do not affect the fact or duration of his confinement. “‘Federal law…