Christopher Isaac SIMMONS, Petitioner-Appellant, v. Anthony HEDGPETH, Respondent-Appellee, 375 F. App'x 802

MEMORANDUM California state prisoner Christopher Isaac Simmons appeals pro se from the district court's judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand. Simmons contends the district court erred by dismissing his habeas petition rather than construing it as a civil rights complaint pursuant to 42 U.S.C. § 1983. When a pro se habeas corpus petition may be fairly read to state a claim under the Civil Rights Act, it should be so construed. See Galligher v. McCarthy, 470 F.2d 740, 741 (9th Cir.1972).

Accordingly, Simmons’ habeas petition is to be treated as a § 1983 complaint. See id. We remand for further proceedings consistent -with this disposition. See id. We express no opinion on the merits of Simmons’ § 1983 action. REVERSED; REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.