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846 F.2d 1382

Docket 87-2354

Clymore v. Perrill

Ninth Circuit Court of Appeals

Argued April 5, 1988

Decided May 9, 1988

Ninth Circuit Court of Appeals

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Crawford v. Bell · Grimes v. United States

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Craig CLYMORE, Petitioner-Appellant,
v.
William PERRILL, et al., Respondents-Appellees.

No. 87-2354.

United States Court of Appeals, Ninth Circuit.

Submitted April 5, 1988.*
Decided May 9, 1988.

Before SKOPIL, SCHROEDER and ALARCON, Circuit Judges.

¶1

MEMORANDUM…

¶2

Craig Clymore, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2241 petition for a writ of habeas corpus. Clymore contends the district court erred in dismissing his petition on the ground that the relief sought could not be granted in a habeas proceeding.

¶3

The judgment must be affirmed. Clymore may not raise claims challenging the conditions of his confinement in a federal habeas proceeding. Crawford v. Bell, 599 F.2d 890, 891-92 (9th Cir.1979). Clymore's claims of unconstitutional conduct by federal prison employees are properly brought in a Bivens action. See Bivens v. Six Unknown Named Agents, 403 U.S. 388, 395-97 (1971).

¶4

AFFIRMED.

*

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed.R.App.P. 34(a)

…

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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