Moeller
(PC) Dauwalder v. Moeller
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL DAUWALDER, No. 1:25-cv-00665-SAB (PC) Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE
A RESPONSE
v. (ECF Nos. 1, 4.) DANIEL MOELLER, et al., 15 Defendants. 16 17 On June 3, 2025, Plaintiff filed the instant action pro se pursuant to 42 U.S.C. § 1983. On June 5, 2025, then-assigned Magistrate Judge Gary A. Austin issued an order reassigning this case because the civil rights complaint challenges his release from custody-cases of which he does not handle. (ECF No. 4.) It was specifically determined that “in order for Plaintiff to obtain release from custody earlier than his new projected September 2025 date, he must seek relief under 28 U.S.C. § 2254, the habeas statute after first exhausting his state court remedies. See Correa v. Shaffer, No. 2:23-cv-00739 TLN KJN P, 2023 WL 8850557, at *8 (E.D. Cal. Dec. 21, 2023), report and recommendation adopted, No. 2:23-cv-00739 TLN KJN P, 2024 WL 774924 (E.D. Cal. Feb. 26, 2024) (stating same).” (Id. at…