Reiser

Reiser v. Jones

Good Law
United States District Court, Northern District of CaliforniaSeptember 28, 20223:22-cv-05071California260 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 HANS REISER, Case No. 22-cv-05071-WHO (PR) Petitioner, v. ORDER OF DISMISSAL

GENA JONES, Dkt. No. 9 g Respondent. 9 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 Hans Reiser’s incarceration. A review of the petition, however, shows that Reiser is challenging the conditions of his |} confinement at the California Health Care Facility in Stockton, California. Because S 14 || 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 Cir. 1991) a || (habeas corpus action proper mechanism for challenging “legality or duration” of confinement). Furthermore, the Eastern District of California, where Reiser 1s held, not || the Northern District, is the appropriate forum in which to challenge the…

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