Shockley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HERIBERTO CASTRO-GUTIERREZ, No. 2:21-cv-1391 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DORIS L. SHOCKLEY, Defendant. 16 Plaintiff is a state prisoner proceeding pro se. Before the court is plaintiff’s complaint for screening and plaintiff’s motion to proceed in forma pauperis. For the reasons set forth below, this court grants plaintiff’s motion to proceed in forma pauperis, and recommends this action be converted to a habeas corpus proceeding and dismissed without prejudice. SCREENING The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek…