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, FINDINGS AND RECOMMENDATIONS

THAT THE SECOND AMENDED

v. COMPLAINT BE DISMISSED WITH

PREJUDICE

WENDY GRALLA, et al., ECF No. 20 Defendants.

FOURTEEN-DAY DEADLINE FOR

OBJECTIONS 16 17 18 19 Plaintiff, a state prisoner, alleges in this section 1983 action that defendants violated his rights by prolonging his sentence and failing to release him on the correct date. ECF No. 20 at 5, 7, & 9. These allegations are non-cognizable insofar as succeeding in this suit would appear to necessarily result in an earlier release date; these claims should, therefore, be brought in a habeas action. I informed plaintiff of this in my previous screening order and offered him an opportunity to convert this action into a habeas petition. ECF No. 19. He declined to convert and filed another amended complaint. Given that his claims remain…