Barnes v. Orozco

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANTOINE DESHAWN BARNES, Case No. 21-cv-03658-WHO (PR) Petitioner,

ORDER OF DISMISSAL v.

ROSEMARY OROZCO, et al.,

Dkt. No. 5

Respondents.

This federal action was filed as a petition for writ of habeas corpus, that is, as a challenge to the lawfulness or duration of petitioner Antoine Deshawn Barnes’s incarceration. A review of the petition, however, shows that Barnes asks to have television journalists at the KTVU television station arrested and brought up on criminal charges. Because success on such a request will not affect the length of his incarceration, it is not the proper subject of a habeas action. See Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (habeas corpus action proper mechanism for challenging “legality or duration” of confinement).

In an appropriate case a habeas petition may be construed as a complaint under 42 26 U.S.C. § 1983 complaint. Wilwording v. Swenson, 404 U.S. 249, 251 (1971). However, this is not such a case. The persons named as respondents are not state actors, and 1 Accordingly, this federal habeas action is DISMISSED. The Clerk shall terminate || all pending motions, enter judgment in favor of respondents, and close the file. 3 Barnes’s motion to proceed in forma pauperis is GRANTED. (Dkt. No. 5.) 4 IT IS SO ORDERED. .

5 |] Dated: June 22, 2021 \ ® 6 LLIAM H. ORRICK 7 United States District Judge qa 12

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