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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JASON A. McCLIMAN,
Petitioner,
vs.
ROBERT A. HOREL, Warden, et al.,
Respondent(s).
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No. C 06-6856 CRB (PR)
ORDER OF DISMISSAL
(Docs # 2 & 3)
Jason A. McCliman, a prisoner at Pelican Bay State Prison ("PBSP"), has
filed a pro se petition for a writ of habeas corpus challenging the conditions of his
confinement. McCliman alleges that he has received no vocational training since
he arrived at PBSP on March 2005 due to the decision of the California
Department of Corrections and Rehabilitation ("CDCH") to eliminate vocational
programs at high security state prisons. He seeks reinstatement of vocational
training programs at California Level IV facilities such as PBSP.
The petition for a writ of habeas corpus is DISMISSED without prejudice
to filing a civil rights complaint under 42 U.S.C. § 1983. The Ninth Circuit has
Case 3:06-cv-06856-CRB Document 4 Filed 11/13/2006 Page 1 of 2
McCliman v. Horel et al
Doc. 4
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made clear that habeas jurisdiction is absent, and a § 1983 action proper, where,
as here, a successful challenge will not necessarily shorten the prisoner’s
sentence. See Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003).
The clerk shall enter judgment in accordance with this order, terminate all
pending motions as moot (see, e.g., docs # 2 & 3), and close the file. No fee is
due.
SO ORDERED.
DATED: November 13, 2006
CHARLES R. BREYER
United States District Judge
Case 3:06-cv-06856-CRB Document 4 Filed 11/13/2006 Page 2 of 2