Moralez

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 RUDOLPH MORALEZ, T00602, Case No. 20-cv-08130-CRB (PR) Petitioner, ORDER DISMISSING PETITION FOR

A WRIT OF HABEAS CORPUS

V. WITHOUT PREJUDICE RON DAVIS, Warden, (ECF No. 2) Respondent. Petitioner, a state prisoner at San Quentin State Prison (SQSP) 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 conditions of his confinement at SQSP during the current pandemic. Based on petitioner’s affidavit of poverty, his motion for leave to proceed in forma pauperis under 28 U.S.C. § 1915 (ECF No. 2) 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. A It is well established in the Ninth Circuit that habeas jurisdiction is absent, and a § 1983

action proper, where,…