Cates

(PC) LeBlue v. Cates

Good Law
United States District Court, Eastern District of CaliforniaDecember 1, 20211:21-cv-01430California498 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DOMINIC BRIAN LeBLUE, 1:21-cv-01430-GSA-PC

Plaintiff, ORDER TO SHOW CAUSE WHY THIS

ACTION SHOULD NOT BE DISMISSED AS

vs. BARRED BY HECK V. HUMPHREY, 512 U.S. 477 (1994) AND EDWARDS v. BALISOK, 520 CATES, et al., U.S. 641 (1997).

(ECF No. 1.) Defendants. 30 DAY DEADLINE

17 Plaintiff, Dominic Brian LeBlue, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on September 27, 2021. (ECF No. 1.) Plaintiff complains that under the Coleman1 and Plata2 cases, he is entitled to a reduction in his sentence and qualifies for release. When a prisoner challenges the legality or duration of his custody, or raises a constitutional challenge which could entitle him to an earlier release, his sole federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411…

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