Unknown

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE FRANKLIN LOPEZ, No. 2:21-cv-1716 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

UNKNOWN, Defendant. 16 Plaintiff is a state prisoner proceeding pro se. On September 21, 2021, plaintiff filed a civil rights complaint under 42 U.S.C. § 1983, and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis is granted.1 Plaintiff names no defendant. Plaintiff claims his EPRD release date has passed, and seeks release from state prison under Proposition 57. (ECF No. 1 at 3-4.) As discussed below, plaintiff’s complaint should be dismissed without prejudice to filing a petition for writ of habeas corpus under 28 U.S.C. § 2254. 27 Because…