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Foster v. Dep't of Corrections

November 19, 2009

KEITH STAFFORD FOSTER, PETITIONER,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT.



The opinion of the court was delivered by: Otis D. Wright, III United States District Judge

ORDER DISMISSING HABEAS CORPUS PETITION

Before the Court is a habeas corpus petition, under 28 U.S.C. § 2254, filed by a state prisoner at North Kern State Prison. In it, Petitioner seeks to challenge various restrictions imposed as a result of his increased prison classification score, including:

1. Being placed in a prison cell rather than a dorm,

2. Being barred yard access,

3. Only being allowed to transfer to "Level 2" prison facilities.

(Petition at 3-4.)

A habeas corpus petition is not the proper vehicle for challenging conditions of confinement. The purpose of habeas corpus is to attack the legality of a conviction or the length of a sentence. See Preiser v. Rodriguez, 411 U.S. 475, 487-88 (1973); Crawford v. Bell, 599 F.2d 890, 891 (9th Cir. 1979). Prisoners wishing to challenge the conditions of their confinement as a result of an increased prison classification score are required to file a civil rights action. See, e.g., Peralta v. Hermans, 2008 WL 324765, at *2 (E.D. Cal. 2008) (finding a petitioner's claim that his classifications score should be lowered should have been raised in a civil rights action, not a habeas petition). Because Petitioner is not challenging the validity of his conviction or the length of his confinement he may not proceed in habeas corpus. For that reason, the Petition is dismissed.*fn1

IT IS SO ORDERED.

PATRICK J. WALSH UNITED STATES ...


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