Barnes

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ANTOINE DESHAWN BARNES, Case No. 21-cv-04439-WHO (PR) Petitioner, v. ORDER OF DISMISSAL

ROSEMARY OROZCO, et al., g Respondents. 9 This federal action was filed as a 28 U.S.C. § 2254 petition for writ of habeas || corpus, that is, as a challenge to the lawfulness or duration of petitioner Antoine Deshawn 12 || Barnes’s incarceration. A review of the petition, however, shows that Barnes asks to have || atelevision journalist arrested, investigated, and her property seized and searched. S 14 || Because success on such a request will not affect the length of his incarceration, his claims || are not the proper subject of a habeas action. See Badea v. Cox, 931 F.2d 573, 574 (9th a || Cir. 1991) (habeas corpus action proper mechanism for challenging “legality or duration” 17 || of confinement). In an appropriate case a habeas petition may be construed as a complaint || under 42 U.S.C. § 1983. Wilwording v. Swenson, 404 U.S. 249, 251…