Harper
(PC) Castillo v. Harper
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE G. CASTILLO, No. 1:21-cv-01181-ADA-CDB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
JEAN HARPER, et al., COMPLAINT FOR FAILURE TO STATE A
CLAIM
Defendants. (ECF No. 16) 16 Plaintiff Jose G. Castillo is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 18, 2023, the Magistrate Judge issued findings and recommendations, finding that Plaintiff’s complaint challenges the length of, rather than the conditions of, his confinement. (ECF No. 16.) After determining that Plaintiff’s claim for damages is barred by Heck v. Humphrey, 512 U.S. 477, 486–87 (1994), the Magistrate Judge recommended that the Court dismiss the complaint with prejudice for failure to state a cognizable claim. …