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Chairez v. Dexter

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 1, 2009

MANUEL CHAIREZ, IV, PETITIONER,
v.
D. DEXTER, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges that he was wrongly validated as a gang member. As a result of this validation, he is now housed in the security housing unit.

The purpose of a habeas corpus petition brought pursuant to 28 U.S.C. § 2254 is to challenge the validity of a conviction or sentence. The purpose of a civil rights action brought pursuant to 42 U.S.C. § 1983 is to challenge a condition of confinement. Because this action challenges conditions of confinement, it is construed as a civil rights action. For that reason, the petition is dismissed and petitioner is directed to file a complaint containing his claims.

Accordingly, IT IS HEREBY ORDERED that:

1. This action is construed as a civil rights action;

2. The petition is dismissed with thirty days to file a civil rights complaint; failure to comply with this order will result in a recommendation of dismissal of this action;

3. The Clerk of the Court is directed to send petitioner the form for a civil rights complaint.

20090401

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