Unpublished Disposition, 852 F.2d 572 (9th Cir. 1988)

MEMORANDUM^** 

Ronnie Lee Snyder, a Nevada state prisoner, appeals pro se the district court's dismissal of his civil rights action against various Nevada and Iowa officials. Snyder alleges that he was unlawfully transferred from Iowa to Nevada, denied a speedy trial, and provided incompetent assistance of counsel. The district court, construing the complaint as a petition for habeas corpus, dismissed for failure to exhaust state remedies. We affirm.

DISCUSSION

A state prisoner seeking release from custody or a shortened sentence may only challenge the fact or duration of confinement through a habeas corpus petition. Preiser v. Rodriguez, 411 U.S. 475, 499, n. 14 (1973). Although Snyder makes no claim for release from confinement and only seeks monetary relief, his complaint clearly attacks the validity of his conviction and sentence. Under such circumstances, the court should construe the action as one for habeas relief. See Ybarra v. Reno Thunderbird Mobile Home Village, 723 F.2d 675, 682 (9th Cir. 1984) (construing civil rights claim as request for habeas relief).

Construed as a petition for habeas corpus, Snyder's complaint is deficient because it fails to show that he has exhausted his state remedies. See Jackson v. Cupp, 693 F.2d 867, 869 (9th Cir. 1983) (federal habeas corpus petitioners must exhaust all available state remedies before proceeding in federal court). Snyder's proposed amended complaint does not cure the deficiency. Snyder only sought to add as a defendant party the magistrate who recommended dismissal. The district court need not allow futile amendments. Klamath-Lake Pharmaceutical Ass'n. v. Klamath Medical Serv. Bureau, 701 F.2d 1276, 1293 (9th Cir.), cert. denied, 464 U.S. 822 (1983).

AFFIRMED.