Falcon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID A. FALCON, Case No. 20-cv-05245-SI

Petitioner,

ORDER DENYING MOTION FOR

v. RECONSIDERATION, GRANTING

EXTENSION OF DEADLINE TO

CRAIG KOENING, APPEAL, AND DENYING

CERTIFICATE OF APPEALABILITY

Respondent. Re: Dkt. Nos. 6, 7 12 A. Motion For Reconsideration In this pro se action for writ of habeas corpus, David Falcon challenged a disciplinary decision that resulted in the loss of time credits. The court dismissed the petition because the Nettles rule required that petitioner’s claims be presented in a civil rights action rather than a habeas action. See Nettles v. Grounds, 830 F.3d 922, 927-28 (9th Cir. 2016) (en banc) (holding that prisoner’s claim which, if successful, will not necessarily lead to immediate or speedier release from custody falls outside the “core of habeas corpus” and must be pursued (if at all) in a civil rights action under 42 U.S.C. § 1983, rather than in a habeas action). The…