Tauno August Koivisto v. Bo Harris

1 JS-6 — 2 — — 3 — — 4 — — 5 — — 6 — — 7 — 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 |} TAUNO AUGUST KOIVISTO, Case No. 2:20-03158 CAS (ADS) 11 Petitioner, 12 v. ORDER DISMISSING HABEAS CORPUS PETITION AND DENYING 13 || BO HARRIS, et al., CERTIFICATE OF APPEALABILITY 14 Respondent. — 15 — 16 Before the Court for screening is a Petition for Writ of Habeas Corpus filed by 17 || Petitioner Tauno August Koivisto, an inmate at California State Prison, Los Angeles 18 || County. [Dkt. No. 1]. To the extent that the Court can understand the Petition, 19 || Petitioner appears to allege a lack of access to specific food for his medical needs in 20 || prison. [Id.]. Therefore, Petitioner is not challenging his incarceration or his sentence, 21 || but is instead complaining about the conditions of his confinement. A habeas corpus 22 || petition is not the proper vehicle for challenging the conditions of confinement. The 23 || purpose of habeas corpus is to attack the legality of a conviction or sentence. See Preiser 24 || v. Rodriguez, 411 U.S. 475 , 487—88 (1973); see also Douglas v. Jacquez, 626 F.3d 501 , 1 || 504 (9th Cir. 2010) (“A habeas court has the power to release a prisoner, but has no 2 || other power.”) (citation omitted). 3 Prisoners wishing to challenge the conditions of their confinement must file a 4 || civil rights action pursuant to 42 U.S.C. § 1983 . See, e.g., Ramirez v. Galaza, 334 5 || F.3d 850, 859 (9th Cir. 2003) (“[H]abeas jurisdiction is absent, and a § 1983 action 6 || proper, where a successful challenge to a prison condition will not necessarily shorten 7 || the prisoner’s sentence.”). Because the Petition is largely indecipherable, this is not a 8 || matter appropriate for conversion to a civil rights case. For these reasons, the Petition is 9 || dismissed. 10 The Court further finds that Petitioner has not made a substantial showing of the 11 || denial of a constitutional right or that the court erred in its procedural ruling and, 12 || therefore, a certificate of appealability will not issue in this action. See 28 U.S.C. 13 || § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); 14 || Slack v. McDaniel, 529 U.S. 473, 484 (2000). 15 IT ISSO ORDERED. dasha A, dryd 17 || Dated: _ April 7, 2020 _ THE HONORABLE CHRISTINA A. SNYDER 18 United States District Judge 19 || Presented by: 20 /s/ Autumn D. Spaeth __ THE HONORABLE AUTUMN D. SPAETH 21 || United States Magistrate Judge — 22 — — 23 — — 24 —