Newsom

(PC) Harris v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaOctober 21, 20212:20-cv-01031California703 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARREN HARRIS, No. 2:20-CV-1031-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS GAVIN NEWSOM, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On July 19, 2021, the Court issued an order addressing Plaintiff’s complaint. See ECF No. 12. The Court concluded that the relief sought in the complaint was not available under § 1983. See id. at 8-10. The Court stated:

Here, under § 1983, Plaintiff is not entitled to the relief sought. Plaintiff will be given leave to amend to cure the defects in his complaint. Plaintiff may either: (1) amend his complaint to request relief related to parole procedures as opposed to any particular parole decision (i.e., release); or (2) withdraw his civil complaint and file a writ of habeas corpus. 25 ECF No. 12 pg. 10. 26 / / / / / / …

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