Bryant

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEVIN DARNELL BRYANT, D56620, Case No. 20-cv-08986-CRB (PR)

Petitioner, ORDER DISMISSING PETITION FOR

A WRIT OF HABEAS WITHOUT

v. PREJUDICE

BRIAN KIBLER, Warden, (ECF Nos. 2 & 3) Respondent.

Petitioner, a state prisoner at High Desert State Prison (HDSP) in Susanville, California and frequent litigant, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the conditions of his confinement at HDSP during the current pandemic. 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 in the United States District Court for the Eastern District of California. 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…