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Hubbard v. California Dep't of Corrections

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


July 13, 2009

STEPHEN VINCENT HUBBARD, PETITIONER,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, RESPONDENTS.

ORDER

Petitioner, a state parolee proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.

Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a).

An application for writ of habeas corpus brought under 28 U.S.C. § 2254 can only be granted based upon a finding that the petitioner is in custody in violation of federal law. Petitioner does not allege that he is in custody in violation of federal law. Rather, he challenges the conditions of his parole. Therefore, this action will be dismissed. Petitioner is informed that if he wishes to challenge his conditions of parole, he should file an action for violation of civil rights under 42 U.S.C. § 1983.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's application for writ of habeas corpus is dismissed; and

2. This case is closed.

20090713

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