1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 RUDOLPH MORALEZ, T00602, Case No. 20-cv-08130-CRB (PR) 6 Petitioner, ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS 7 V. WITHOUT PREJUDICE 8 RON DAVIS, Warden, (ECF No. 2) 9 Respondent. 10 Petitioner, a state prisoner at San Quentin State Prison (SQSP) and frequent litigant in 11 federal court, has filed a pro se petition for a writ of habeas corpus under

12 || challenging various conditions of his confinement at SQSP during the current pandemic. 13 Based on petitioner’s affidavit of poverty, his motion for leave to proceed in forma 14 pauperis under

(ECF No. 2) is GRANTED. But the petition for a writ of habeas 15 || corpus is DISMISSED without prejudice to filing a civil rights complaint under

. A 16 It is well established in the Ninth Circuit that habeas jurisdiction is absent, and a § 1983

2 17 action proper, where, as here, a successful challenge to a prison condition or event will not 5 18 necessarily shorten the prisoner’s sentence. See Ramirez v. Galaza,

(9th Cir. 19 2003); see also Badea v. Cox,

(9th Cir. 1991) (civil rights action is proper 20 || method of challenging conditions of confinement). Petitioner’s challenge to various conditions of 21 his confinement at SQSP during the current pandemic accordingly should be brought in a civil 22 || rights complaint under § 1983. 23 The clerk is instructed to send plaintiff a blank prisoner’s civil rights complaint form and 24 || to close this case. 25 IT IS SO ORDERED. 26 || Dated: February 2, 2021 27 AsO CHARLES R. BREYER 28 United States District Judge