(PC) Kelley v. Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 PATRICK JOSEPH KELLEY, Case No. 2:21-cv-01794-KJM-JDP (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS DEPARTMENT OF CORRECTIONS, ECF No. 6 Defendant. SCREENING ORDER THAT PLAINTIFF: (1) STAND BY HIS COMPLAINT

SUBJECT TO DISMISSAL, OR

15 (2) FILE AN AMENDED COMPLAINT ECF No. 1 THIRTY-DAY DEADLINE 19 20 Plaintiff alleges that defendant Department of Corrections (“CDCR”) violated his rights 21 by refusing a federal judge’s order to release him on parole. ECF No. 1 at 5. Plaintiff was 22 eventually released but claims that he was held back from his parole for eight and a half months. 23 Id. He seeks monetary damages for each day his release was delayed. Id. at 6. His allegations do 24 not state a cognizable claim because the CDCR is not a viable defendant in a section…