Walters

Walters v. Garcia

Good Law
United States District Court, Northern District of CaliforniaJanuary 4, 20223:21-cv-06231California706 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KELLY ANNE WALTERS, Case No. 21-cv-06231-WHO (PR)

Petitioner,

ORDER DIRECTING PETITIONER

v. TO FILE A RESPONSE TO THIS

ORDER ON OR BEFORE

R. J. GARCIA, FEBRUARY 15, 2022 Respondent.

12 This federal action was filed by Kelly Anne Walters, a federal prisoner, as a 28 U.S.C. § 2241 petition for writ of habeas corpus, that is, as a challenge to the lawfulness or duration of her incarceration. A review of the petition, however, shows that Walters seeks reinstatement of her telephone privileges rather than release from custody. (Pet., Dkt. No. 1 at 6-7.) Because success on her claims will not affect the length of her incarceration, her claims are 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). Walters may pursue her claims only through a civil rights action. In light of…

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