(HC) Houston v. North Kern State Prison

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TONY XAVIER HOUSTON, Case No. 21-cv-05044-JST

Petitioner,

ORDER OF DISMISSAL; DENYING

v. CERTIFICATE OF APPEALABILITY

NORTH KERN STATE PRISON, Respondent.

12 Petitioner, a state prisoner incarcerated at North Kern State Prison, filed this petition for a writ of habeas corpus. For the reasons set forth below, the Court DISMISSES this action for lack of federal habeas jurisdiction. DISCUSSION Petitioner pled no contest to grand-theft and is serving a two-year sentence. ECF No. 1 at 2. The petition challenges his conditions of confinement at North Kern State Prison, alleging that guards did not follow proper procedures and were unprofessional; he was discriminated against and ostracized; he was forced to exit his cell during his quarantine to get his meal; he is always the last person to shower; he is only given 5-6 minutes to consume his meal; he was assaulted on May 14, 2021; his sentence has been…