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CAPOGRECO v. SUPERIOR COURT OF MONTERY COUNTY

United States District Court, N.D. California


April 7, 2004.

KENNETH EDWARD CAPOGRECO, Petitioner
v.
SUPERIOR COURT OF MONTEREY COUNTY, et al, Respondent(s)

The opinion of the court was delivered by: VAUGHN WALKER, District Judge

ORDER OF DISMISSAL

Petitioner, a state prisoner incarcerated at Salinas Valley State Prison, has filed a pro se petition for a writ of habeas corpus alleging denial of his federal right to practice his "Wicca" religion. He seeks an order compelling prison officials to provide him with all items necessary for the practice of his religion, "and/of" an order compelling the Superior Court of Monterey County "to follow its own rules of court" and grant him relief.

The petition for a writ of habeas corpus is DISMISSED without prejudice to filing a civil rights complaint under 42 U.S.C. § 1983. Although the Supreme Court has declined to address whether a challenge to a condition of confinement may be brought under habeas, see Bell v. Wolfish, 441 U.S. 520, 526 n6 (1979), the preferred practice in this circuit is that challenges to conditions of confinement be brought in a civil rights complaint, see Badea v. Cox, 931 F.2d 573, 574 (9th Cir 1991) (civil rights action is proper method of challenging conditions of confinement); Crawford v Bell 599 F.2d 890, 891-92 & n1 (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).

  Petitioner is advised that 42 U.S.C. § 1997e(a) mandates that he exhaust California's prison administrative process before filing suit in federal court. See 42 U.S.C. § 1997e(a).

  The clerk shall close the file and terminate all pending motions as moot. No fee is due.

  SO ORDERED.

20040407

© 1992-2004 VersusLaw Inc.



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