Gralla

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 KEVIN JONES JR., Case No. 2:22-cv-00449-DAD-JDP (PC) Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION TO PERPETUATE TESTIMONY

v. ECF No. 15 WENDY GRALLA, et al.,

SCREENING ORDER THAT PLAINTIFF:

Defendants. (1) STAND BY HIS COMPLAINT SUBJECT TO A

RECOMMENDATION OF

DISMISSAL (2) FILE AN AMENDED

COMPLAINT

18 ECF No. 13

THIRTY-DAY DEADLINE

21 22 Plaintiff, a state prisoner, alleges that defendants violated his rights by prolonging his sentence and failing to release him on the correct date. ECF No. 13 at 5-6. These allegations are non-cognizable in a section 1983 action insofar as succeeding in this suit would appear necessarily to result in an earlier release date; such claims must be brought in an action for habeas corpus relief. I will give plaintiff leave to amend so that he may either indicate his desire to convert this…