(PC) Barnette v. City of Sacramento

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 is a state prisoner proceeding pro se. By order filed November 17, 2023, the court noted that while plaintiff had used the form for a civil rights action, his allegations related to the constitutionality of his conviction rather than the conditions of his confinement. ECF No. 3. Plaintiff was therefore ordered to either (1) notify the court that he wanted to proceed with this case as a civil rights action or (2) file an amended petition for writ of habeas corpus on the form provided by the court. Id. He was further cautioned that if the case proceeded as a civil rights action, it would be recommended that the action be dismissed as barred by Heck v. Humphrey, 512 U.S. 477 (1994). Id. Plaintiff has now filed a motion for a stay under Rhines v. Weber, 544 U.S. 269 (2005), while he exhausts state court…