Barnes

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 ANTOINE DESHAWN BARNES, Case No. 21-cv-03658-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

ROSEMARY OROZCO, et al., Dkt. No. 5 Respondents.

16 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 Antoine Deshawn Barnes’s incarceration. A review of the petition, however, shows that Barnes asks to have television journalists at the KTVU television station arrested and brought up on criminal charges. Because success on such a request will not affect the length of his incarceration, it is not the proper subject of a habeas action. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (habeas corpus action proper mechanism for challenging “legality or duration” of confinement). In an appropriate case a habeas petition may be construed as a complaint under 42 U.S.C. § 1983 complaint. Wilwording v. Swenson, 404 U.S. 249, 251 (1971). However, this is not such a case. The persons named…