(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, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S AMENDED

v. COMPLAINT BE DISMISSED WITHOUT

LEAVE TO AMEND

DEPARTMENT OF CORRECTIONS, ECF No. 9 Defendant.

FOURTEEN-DAY DEADLINE

15 16 17 18 Plaintiff brings this suit against the California Department of Corrections and Rehabilitation (“CDCR”) and correctional counselor Sat Lynshided. ECF No. 9 at 1-2. He claims that defendants violated his rights by delaying his release from prison. Id. at 3. I find that he has failed to state a cognizable claim against either defendant and recommend that this action be dismissed. 24 25 26 27 1 Judging by his address, plaintiff was ultimately released. The only issue is whether his release was timely. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer,…