Housh v. Rackley

Opinion

1 2 3 6 7 CARLOS C. HOUSH, Case No. 17-cv-04222-HSG

8 Petitioner, ORDER DENYING REQUEST FOR ASSISTANCE 9 v. Re: Dkt. No. 68 11 Respondent.

12 13 Petitioner, a pro se prisoner, filed this action for a writ of habeas corpus pursuant to 28 14 U.S.C. § 2254. Petitioner has filed a letter with the Court, alleging that he has been placed in 15 administrative segregation in retaliation for his attempting to amend his petition to add a claim of 16 sentencing error and that prison officials are refusing to release his court mail and legal mail. Dkt. 17 No. 68. Petitioner requests “assistance/court enforcement.” Id. 18 Petitioner’s request for court assistance is DENIED. Dkt. No 68. To the extent that 19 petitioner seeks redress for, or remedy with respect to, the alleged retaliation, the alleged 20 unjustified placement in administrative segregation, and the denial of access to his legal and court 21 mail, these are claims that challenge his conditions of confinement and must be brought in a civil 22 rights action pursuant to 42 U.S.C. § 1983. Hill v. McDonough, 547 U.S. 573, 579 (2006) 23 (challenges to lawfulness of confinement or to particulars affecting its duration are the province of 24 habeas corpus; challenge to circumstances of confinement may be brought under section 1983); 25 Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016) (section 1983 action is the exclusive remedy 26 for claims by state prisoners that do not “lie at the ‘core of habeas corpus’”) (quoting Preiser v. 27 Rodriguez, 411 U.S. 475, 487 (1973)). Petitioner’s request is therefore DENIED without 1 send petitioner two copies of a civil rights complaint form. 2 This order terminates Dkt. No. 68. 4 || Dated: 5/13/2020 | | | ° HAYWOOD S. GILLIAM, JR. 6 United States District Judge 7 8 9 10 11 12

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