Pratt v. California Department of Correction & Rehabilitation

[3] 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA [6] 7 RYANT TRIMALE PRATT, Case No. 21-cv-09943-JSW 8 Plaintiff, ORDER OF DISMISSAL v. [9] 10 CALIFORNIA DEPARTMENT OF CORRECTION & REHABILITATION, et 11 al., Defendants. [12] 13 Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under [14] 42 U.S.C. § 1983 seeking immediate release from custody on parole. He is serving a sentence of 15 ninety years to life in state prison. 16 “‘Federal law opens two main avenues to relief on complaints related to imprisonment: a 17 petition for habeas corpus, 28 U.S.C. § 2254 , and a complaint under the Civil Rights Act of 1871, 18 Rev. Stat. § 1979, as amended, 42 U.S.C. § 1983 . Challenges to the lawfulness of confinement or 19 to particulars affecting its duration are the province of habeas corpus.’” Hill v. McDonough, 547 20 U.S. 573, 579 (2006) (quoting Muhammad v. Close, 540 U.S. 749, 750 (2004)). “An inmate’s 21 challenge to the circumstances of his confinement, however, may be brought under § 1983.” Id. 22 Habeas is the “exclusive remedy” for the prisoner, such as Plaintiff, who seeks “‘immediate or 23 speedier release’” from confinement. Skinner v. Switzer, 562 U.S. 521 , 533-34 (2011) (quoting 24 Wilkinson v. Dotson, 544 U.S. 74, 82 (2005)). A civil rights complaint seeking habeas relief 25 should be dismissed without prejudice to bringing it as a petition for writ of habeas corpus. See 26 Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995). Plaintiff’s civil rights complaint 27 must be dismissed without prejudice to bringing it as a petition for writ of habeas corpus. ] only be obtained if Plaintiff succeeds in proving in his habeas action that he was previously 2 || entitled to release on parole. Cf Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir. 1997) (Heck v. 3. || Humphrey, 512 U.S. 477, 486-487 (1994), bars claim for damages based on allegedly unlawful 4 || denial of parole). 5 For the foregoing reasons, the case is DISMISSED without prejudice to Plaintiff filing his 6 || claims in a petition for a writ of habeas corpus. 7 The Clerk shall enter judgment and close the file. 8 IT IS SO ORDERED. 9 || Dated: January 18, 2022 [10] 11 HA Trky 6 W fhe i FY if WOITE 12 Wnitedl StlteYDistrict Judge [17] Z 18