JS-6

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

|} TAUNO AUGUST KOIVISTO, Case No. 2:20-03158 CAS (ADS) 11 Petitioner, 12 v. ORDER DISMISSING HABEAS CORPUS PETITION AND DENYING || BO HARRIS, et al., CERTIFICATE OF APPEALABILITY Respondent.

Before the Court for screening is a Petition for Writ of Habeas Corpus filed by || Petitioner Tauno August Koivisto, an inmate at California State Prison, Los Angeles || County. [Dkt. No. 1]. To the extent that the Court can understand the Petition, || Petitioner appears to allege a lack of access to specific food for his medical needs in || prison. [Id.]. Therefore, Petitioner is not challenging his incarceration or his sentence, || but is instead complaining about the conditions of his confinement. A habeas corpus || petition is not the proper vehicle for challenging the conditions of confinement. The || purpose of habeas corpus is to attack the legality of a conviction or sentence. See Preiser || v. Rodriguez, 411 U.S. 475, 487—88 (1973); see also Douglas v. Jacquez, 626 F.3d 501,

|| 504 (9th Cir. 2010) (“A habeas court has the power to release a prisoner, but has no || other power.”) (citation omitted).

Prisoners wishing to challenge the conditions of their confinement must file a || civil rights action pursuant to 42 U.S.C. § 1983. See, e.g., Ramirez v. Galaza, 334 || F.3d 850, 859 (9th Cir. 2003) (“[H]abeas jurisdiction is absent, and a § 1983 action || proper, where a successful challenge to a prison condition will not necessarily shorten || the prisoner’s sentence.”). Because the Petition is largely indecipherable, this is not a || matter appropriate for conversion to a civil rights case. For these reasons, the Petition is || dismissed.

The Court further finds that Petitioner has not made a substantial showing of the || denial of a constitutional right or that the court erred in its procedural ruling and, || therefore, a certificate of appealability will not issue in this action. See 28 U.S.C. || § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); || Slack v. McDaniel, 529 U.S. 473, 484 (2000).

IT ISSO ORDERED. dasha A, dryd 17 || Dated: _ April 7, 2020 _

THE HONORABLE CHRISTINA A. SNYDER

18 United States District Judge 19 || Presented by:

20 /s/ Autumn D. Spaeth __

THE HONORABLE AUTUMN D. SPAETH

21 || United States Magistrate Judge 22 23 24