Stanley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 GERALD FRANK STANLEY, C80900, Case No. 20-cv-05420-CRB (PR)

Petitioner,

ORDER OF DISMISSAL

v.

RON BROOMFIELD, Warden, Respondent.

Petitioner, a prisoner at San Quentin State Prison’s (SQSP) death row and frequent litigant in federal court, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging various aspects and conditions of his confinement, including denial of access to the courts and misconduct by prison guards. Based on petitioner’s prior affidavits of poverty, leave to proceed IFP is GRANTED. But the petition for a writ of habeas corpus is DISMISSED without prejudice to filing a civil rights complaint under 42 U.S.C. § 1983.1 It is well established in the Ninth Circuit that habeas jurisdiction is absent, and a § 1983 action proper, where, as here, a successful challenge to a prison condition or event will not necessarily shorten the prisoner’s sentence. Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir.…