LaFlamme
LaFlamme v. Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
DONALD R. LAFLAMME,
Case No. 22-cv-09105-RS (PR) Petitioner, 8 v. ORDER OF DISMISSAL
JEFF LYNCH,
10 Respondent.
12 A review of the petition for writ of habeas corpus shows that petitioner sets forth claims regarding the conditions of confinement. This means that his claims are not the proper subject of a habeas action, but must be brought as a civil rights action under 42 U.S.C. § 1983. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (civil rights action proper method for challenging conditions of confinement); Crawford v. Bell, 599 F.2d 890, 891-892 & n.1 (9th Cir. 1979) (affirming dismissal of habeas petition on basis that challenges to terms and conditions of confinement must be brought in civil rights complaint). In an appropriate case a habeas petition may be construed as a section 1983 complaint. Wilwording v. Swenson, 404 U.S. 249, 251 (1971). Although the Court may construe a habeas petition as a civil rights action, it…