Price

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DEXTER LAWRENCE GRIFFIN, ) Case No.: 1:22-cv-00016 JLT SAB (PC) ) Plaintiff, ) ) ORDER ADOPTING THE FINDINGS AND v. ) RECOMMENDATIONS AND THE DISMISSING ) ACTION WITHOUT PREJUDICE BRANDON PRICE, ) ) (Doc. 9) Defendant. ) ) )

The magistrate judge observed that a civil action under Section 1983 was “not the appropriate avenue” for Plaintiff to challenge his commitment under California’s Sexually Violent Predator Act. (Doc. 9 at 4, citing Nelson v. Sandritter, 351 F.2d 284, 285 (9th Cir. 1965).) Furthermore, the magistrate judge observed that a petition for “writ of habeas corpus is the specific and exclusive instrument to obtain release from unlawful confinement.” (Id., citing Preiser v. Rodriguez, 411 U.S. 475, 486, 500 (1973); Nettles v. Grounds, 830 F.3d 922, 929 (9th Cir. 2016).) Thus, the magistrate judge found Plaintiff failed to state a cognizable claim and recommended the…