Schultz

Corderro Donte Miller v. Jason Schultz

Good Law
United States District Court, Eastern District of CaliforniaDecember 22, 20252:25-cv-02015California1,547 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CORDERRO DONTE MILLER, No. 2:25-cv-02015 SCR P Plaintiff, v. ORDER AND JASON SCHULTZ, FINDINGS & RECOMMENDATIONS Defendant. 16 Plaintiff is incarcerated in state prison and proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff’s complaint is before the undersigned for screening under 28 U.S.C. § 1915A. Plaintiff has also requested leave to proceed in forma pauperis under 28 U.S.C. § 1915. ECF No. 2. As explained below, Plaintiff’s request for injunctive relief – specifically, an order overturning the denial and revocation of his earned good-time credits – must be brought in habeas, not a civil rights complaint under § 1983. Therefore, the undersigned recommends the complaint be dismissed without prejudice and without leave to amend for failure to state a claim. For the same reasons, it is recommended that plaintiff’s motion to proceed in forma pauperis be denied. See…

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