Opinion
Case No. C02-2421P
January 17, 2003
ORDER TO DISMISS
On December 13, 2002, petitioner filed a Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2241. (Dkt. #2) Petitioner did not appear to be challenging his confinement; rather, he requested a transfer from the Forks City Jail back to the Correctional Services Corporation ("CSC"), because he apparently has no access to a law library, and he believes the cost of making phone calls from the Forks City Jail is prohibitively expensive. ( See Dkt. #2, Attached Letters). Petitioner also noted that he currently has an immigration case pending before the Ninth Circuit Court of Appeals, Case No. 02-73605, in which he challenges his final order of deportation. ( See Dkt. #2, Letter dated November 23, 2002)
On December 23, 2002, the Court declined service of the petition as it did not appear to be properly filed as a habeas corpus case (Dkt. #5). Instead, petitioner was advised that his claims were more appropriately raised in a civil rights action under 42 U.S.C. § 1983, and he was given time in which to file such action, or to show cause why the instant petition should not be dismissed. (Dkt. #5 at 2).
On January 13, 2003, petitioner filed a civil rights action pursuant to 42 U.S.C. § 1983 in the United States District Court for the Western District of Washington at Tacoma. (Case No. C03-5015). The Court has construed this action as petitioner's voluntary withdrawal of the instant petition. Accordingly, it is hereby ORDERED:
(1) Petitioner's Petition for Writ of Habeas Corpus (Dkt. #2) is DISMISSED, as it appears to challenge the conditions of his confinement rather than the legal validity of his confinement. Nothing in this Order prejudices the filing of petitioner's civil rights action pursuant to 42 U.S.C. § 1983.
(2) The Clerk of the Court is directed to send copies of this Order to petitioner, the Honorable John L. Weinberg, United States Magistrate Judge, and the Honorable Robert J. Bryan, United States District Judge.