Lozano

(PC) Rouser v. Lozano

Good Law
United States District Court, Eastern District of CaliforniaDecember 30, 20202:20-cv-01009California1,035 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

7 8 WILLIAM ROUSER, Case No. 2:20-cv-01009-JDP (PC)

Plaintiff, O AR SSD IE GR N T AH DA IT S TT RH IE C TC L JUER DK G EO TF OC O THU IR ST v. A CTION JARED LOZANO, et al., F DI IN SD MI IN SSG S T HA EN D CA R SE EC WOM ITM HE ON UD TA PT RI EO JN US D T ICO E

FOR FAILURE TO STATE A CLAIM

Defendants.

OBJECTIONS DUE IN THIRTY DAYS

14 ECF No. 11

16 Plaintiff William Rouser is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. His initial complaint was dismissed on September 29, 2020. ECF No. 7. He has filed an amended complaint alleging that various defendants violated his constitutional rights when he was denied parole on April 2, 2020. ECF No. 11 at 6, 22. Claims challenging denial of parole cannot proceed in a section 1983 action. Accordingly, I recommend that this action be dismissed without prejudice so that plaintiff may pursue it, if at all, in a habeas petition. …

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