United States District Court, N.D. California
November 4, 2005.
MICHAEL L. EVANS, Petitioner,
T. KNOX, et al., Respondent(s).
The opinion of the court was delivered by: CHARLES BREYER, District Judge
ORDER OF DISMISSAL
Petitioner, a state prisoner at San Quentin State Prison, has
filed a pro se petition for a writ of habeas corpus alleging
various wrongdoing (including punching him) on the part several
The petition for a writ of habeas corpus is DISMISSED without
prejudice to filing a civil rights complaint under
42 U.S.C. § 1983. The Ninth Circuit has made clear that habeas jurisdiction
is absent, and a § 1983 action proper, where, as here, a
successful challenge will not necessarily shorten the prisoner's
sentence. See Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir.
The clerk shall enter judgment in accordance with this order,
terminate all pending motions as moot, and close the file. No fee
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