Donald L. Booker v. Law Office of Joel C. Koury

I. BACKGROUND AND SUMMARY

19 On August 22, 2022, plaintiff Donald L. Booker, who is in state custody, is 20 proceeding pro se, and has been granted leave to proceed without prepayment of the 21 full filing fee (“IFP”), filed a “Complaint for Violation of Civil Rights (Prisoner 22 Complaint)” with attachments (“Complaint”) pursuant to 42 U.S.C. § 1983 23 (“Section 1983”), seeking to have this Court “recall” plaintiff’s conviction/sentence 24 in Los Angeles Superior Court Case No. GA099455-01 as “legally invalid.”1 25 26 1Plaintiff concurrently filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 with this Court in Booker v. Koury, Case No. 2:22-cv- 06053-SPG-JC, which is pending. As plaintiff is a state prisoner and is proceeding IFP, the assigned Magistrate Judge screened the Complaint to determine if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(B), 1915A; 42 U.S.C. § 1997e(c). On October 31, 2022, the Magistrate Judge issued an Order…