Opinion
3:11-cv-00694-HDM-VPC
10-11-2011
HAMID REZA HASEMI, #77689 Plaintiff, v. JACK PALMER, et al., Defendants.
ORDER
On September 26, 2011, the court received a habeas petition from petitioner on the court-approved form. Petitioner failed to submit an application to proceed in forma pauperis or to pay the filing fee.
Moreover, a petition for writ of habeas corpus is the method by which a prisoner challenges the legality or duration of his custody, or raises a constitutional challenge which could entitle him to an earlier release. Preiser v. Rodriguez, 411 U.S. 475 (1973); Young v. Kenny, 907 F.2d 874 (9th Cir. 1990), cert. denied 11 S.Ct. 1090 (1991). However, plaintiff appears to complain of the confiscation of his religious property, and therefore, his claims appear to implicate his civil rights pursuant to 42 U.S.C. § 1983 and do not sound in habeas corpus. Accordingly, this action is dismissed without prejudice. If plaintiff chooses to file a civil rights action pursuant to § 1983, he may do so in a new action, with a new case number, on the court-approved forms, accompanied by either an application to proceed in forma pauperis or the filing fee.
IT IS THEREFORE ORDERED that this petition is DISMISSED without prejudice.
IT IS FURTHER ORDERED that the Clerk SHALL SEND plaintiff the approved form for an Application to Proceed In Forma Pauperis by a prisoner, as well as the document "Information and Instructions for Filing a Motion to Proceed In Forma Pauperis."
IT IS FURTHER ORDERED that the Clerk SHALL SEND plaintiff the approved form for filing a civil rights lawsuits under 42 U.S.C. §1983.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case.
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UNITED STATES DISTRICT JUDGE