Calderon

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUAN CARLOS CALDERON, Case No. 23-cv-06560-RFL (PR)

Petitioner,

ORDER OF DISMISSAL

v.

P. COVELLO,

Dkt. No. 8 Respondent.

This suit was filed as a habeas petition for relief from state convictions. Some of his allegations are a direct challenge to the legality of his underlying state convictions. (Pet., Dkt. No. 1 at 11-12.) Those claims are barred because this would be his second or successive habeas petition challenging those convictions, as noted in another recent opinion. Calderon v. The People, 23-cv-05907 BLF (PR), Dkt. No. 11 at 2 (dismissing his challenge to those convictions as successive). The remainder of his allegations, which constitute the core of his complaint, concern his suit against state and federal actors for the allegedly biased and corrupt manner in which they handled his prior habeas petitions. (Pet., Dkt. No. 1 at 7-9.) Those allegations are not the proper subject of a habeas action, but must be brought instead 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…