(PC) Barnes v. MCSP Case Records Office ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE DESHAWN BARNES, No. 2:22-cv-00003-TLN-AC 12 Plaintiff, 13 v. ORDER 14 MULE CREEK STATE PRISON CASE RECORDS OFFICE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 28, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. (ECF No. 13.) Plaintiff 23 has not filed objections to the findings and recommendations. Plaintiff has, however, filed a 24 document styled as a petition for habeas corpus, in which he appears to request compensatory 25 damages and other relief that does not involve speedier release from custody. (ECF No. 14.) The 26 document does not correct the deficiencies noted in the amended complaint or seek cognizable 27 habeas relief. See Preiser v. Rodriguez, 411 U.S. 475, 484 (1973) (writ of habeas corpus is 28 appropriate federal remedy when “a state prisoner is challenging the very fact or duration of his 1 | physical imprisonment, and the relief he seeks is a determination that he is entitled to immediate 2 | release or a speedier release from that imprisonment”). 3 The Court has reviewed the file and finds the findings and recommendations to be 4 | supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 5 | ORDERED that: 6 1. The Findings and Recommendations filed December 28, 2022 (ECF No. 13), are 7 | adopted in full; and 8 2. The First Amended Complaint is DISMISSED without leave to amend for failure to 9 | state a claim. □□ /) 10 | DATED: February 7, 2023 ( | jf i ul “ Mn Vacohoy 12 Troy L. Nunley B United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28