Opinion
No. CIV S-07-1318 WBS GGH P.
August 1, 2007
ORDER
Petitioner, a federal prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and an application to proceed in forma pauperis.
Petitioner alleges that he received inadequate medical care. The purpose of a petition for writ of habeas corpus is to challenge the validity of a sentence or conviction. A federal petitioner seeking to challenge conditions of confinement, like petitioner, must file a Bivens action. See Bivens v. Six Unknown Agents, 403 U.S. 388 (1971).
Accordingly, IT IS HEREBY ORDERED that:
1. This action is construed as a Bivens action;
2. The petition is dismissed with thirty days to file a complaint form for a Bivens action;
3. The Clerk of the Court is directed to send petitioner the complaint form for a Bivens action.