Calderon

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUAN CARLOS CALDERON, Case No. 23-cv-05298-RFL (PR)

Petitioner,

ORDER OF DISMISSAL

v.

PEOPLE OF THE STATE OF

CALIFORNIA, Dkt. No. 2 Respondent.

This action was filed as a habeas petition under 28 U.S.C. § 2254 for relief from state convictions. A review of the petition, however, shows that petitioner Calderon wishes to sue state and federal actors for the allegedly biased and corrupt manner in which they handled his prior habeas petitions, rather than directly challenging the legality of his underlying state convictions. (Pet., Dkt. No. 1 at 5.) 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) (habeas corpus proceedings are the proper mechanism for a prisoner to challenge the legality or duration 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…