(PC) Barnette v. City of Sacramento

Good Law
United States District Court, Eastern District of CaliforniaNovember 17, 20232:23-cv-02632California858 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH WILSON BARNETTE, No. 2:23-cv-2632 AC P Plaintiff, v. ORDER CITY OF SACRAMENTO, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has no filed an in forma pauperis application or paid the required filing fees. See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff will be provided the opportunity either to submit the appropriate application in support of a request to proceed in forma pauperis or to submit the required fees. The court further notes that, while plaintiff has used the form for civil rights actions, his allegations relate to the constitutionality of his conviction. ECF No. 1. He seeks the reversal of his conviction, immediate release from custody, and monetary compensation. Id. at 25. The validity of a conviction can be challenged only in habeas corpus, which requires the filing of a petition for habeas corpus under 28 U.S.C. § 2254. Reversal of a conviction and release from custody…

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