D'Arelli

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DONELL HAYNIE, Case No. 1:23-cv-00638-JLT-CDB (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND

v. DISMISSING ACTION FOR FAILURE

TO STATE A CLAIM

SHARON D’ARELLI, (Doc. 6) Defendant. Clerk of Court to close the case.

The assigned magistrate judge issued findings and recommendations to dismiss the action for failure to state a claim because Plaintiff’s exclusive recourse to obtaining the relief he seeks is through habeas corpus. (Doc. 6.) Additionally, because the complaint is Heck-barred on its face, the magistrate judge recommended dismissal with prejudice. (Id. at 5.) Plaintiff filed objections, arguing the magistrate judge misconstrued his section 1983 action as one challenging the legality or duration of his custody. (Docs. 9, 11.)1 Instead, Plaintiff claims he filed this action “to retrieve evidence and a declaration,” specifically, a transcript of a state court proceeding that…