(PC) Jones v. Gralla ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN JONES, JR. No. 2:22-cv-00449-DAD-JDP (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 WENDY GRALLA, et al., ACTION 15 Defendants. (Doc. No. 21) 16 17 Plaintiff Kevin Jones Jr. is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 302. 20 On February 27, 2023, the assigned magistrate judge screened plaintiff’s second amended 21 complaint and issued findings and recommendations recommending that this action be dismissed, 22 without leave to amend, due to plaintiff’s failure to state a cognizable claim upon which relief 23 may be granted. (Doc. No. 21.) Those findings and recommendations were served on plaintiff 24 and contained notice that any objections thereto were to be filed within fourteen (14) days from 25 the date of service. (Id. at 3–4.) To date, no objections to the pending findings and 26 recommendations have been filed, and the time in which to do so has now passed. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 28 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 1 | findings and recommendations are supported by the record and by proper analysis. Specifically, 2 | this court finds that the assigned magistrate judge properly concluded that when a state prisoner 3 | challenges the legality or duration of his custody—as plaintiff does in this action—his sole 4 | federal remedy is by way of writ of habeas corpus. See Wilkinson v. Dotson, 544 U.S. 74, 78 5 | (2005). 6 Accordingly: 7 1. The findings and recommendations issued on February 27, 2023 (Doc. No. 21) are 8 adopted in full; 9 2. This action is dismissed due to plaintiff's failure to state a cognizable claim for 10 relief; and 11 3. The Clerk of the Court is directed to close this case. 12 IT IS SO ORDERED. | Dated: _May 17, 2023 Da A. 2, el 14 UNITED STATES DISTRICY JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28