Maynard

Maynard v. Bright

Good Law
United States District Court, Northern District of CaliforniaAugust 10, 20203:20-cv-04020California526 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KOBE MAYNARD, Case No. 20-cv-04020-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

BRIGHT, Respondent.

12 This federal action was filed as a petition for writ of habeas corpus, that is, as a challenge to the lawfulness or duration of Petitioner Kobe Maynard’s incarceration. A review of the petition, however, shows that Maynard sets forth claims regarding the conditions of confinement — specifically claims of inadequate medical care — rather than claims challenging the lawfulness or duration of his confinement. Therefore, if Maynard prevails here it will not affect the length of his incarceration. This means that his claim is not the proper subject of a habeas action, but must be brought as a civil rights action under 42 U.S.C. § 1983. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (habeas corpus action proper mechanism for challenging “legality or duration” of confinement; civil rights action proper method for challenging conditions of confinement); Crawford v. Bell, 599…

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