(PC) Kishor v. State of CA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHANDRA KISHOR, No. 2:00-cv-1293 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. On December 10, 2020, he filed a document entitled “Motion Renewing and Reopen with New Laws Evidence and Witness.” Plaintiff filed this action on June 12, 2000. On September 11, 2000, the previously-assigned magistrate judge found that plaintiff’s claims challenged the legality of his custody, rather than the conditions of his confinement. Plaintiff was then given the opportunity to file a habeas corpus petition in this action. When he did not do so, the case was dismissed without prejudice on December 19, 2000. In this attempt to re-open his case, plaintiff is again raising challenges to his 1999 trial and subsequent conviction. As plaintiff was informed previously, these sort of challenges must be made in a petition for a writ of…