(PC) Benton v. CDCR North Kern State Prison

I. BACKGROUND

21 Plaintiff filed the complaint commencing this action on March 29, 2024, against CDCR 22 North Kern State Prison. (ECF No. 1). Plaintiff alleged that various CDCR procedures and 23 California Title 15 regulations were violated because his cell was not searched prior to him being 24 moved into it. When his cell was eventually searched and contraband, including a cell phone, was 25 found, Plaintiff received a Rule Violation Report (RVR). Plaintiff lost privileges, contact visits 26 with family, and credits. (Id. at 3). Plaintiff asked to have charges of constructive possession of a 27 cell phone and RVR dismissed. (Id. at 6.) 28 On April 16, 2024, the Court issued Order to Show Cause, ordering Plaintiff to show why this action should not be dismissed as barred by favorable termination rule, without prejudice to plaintiff filing a petition for writ of habeas corpus. (ECF No. 8). Plaintiff responded to the order to show cause on May 31, 2024. (ECF No. 11). Although Plaintiff’s response included a draft petition for writ of habeas corpus, he also explained that he is serving a sentence of 15 year to life 5 imprisonment. (ECF No. 11 at 1). Because…