(PC) Castillo v. Harper

Opinion

JOSE G. CASTILLO, No. 1:21-cv-01181-ADA-CDB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING JEAN HARPER, et al., COMPLAINT FOR FAILURE TO STATE A CLAIM Defendants. (ECF No. 16) Plaintiff Jose G. Castillo is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 18, 2023, the Magistrate Judge issued findings and recommendations, finding that Plaintiff’s complaint challenges the length of, rather than the conditions of, his confinement. (ECF No. 16.) After determining that Plaintiff’s claim for damages is barred by Heck v. Humphrey, 512 U.S. 477, 486–87 (1994), the Magistrate Judge recommended that the Court dismiss the complaint with prejudice for failure to state a cognizable claim. (Id. at 4–5.) Plaintiff filed objections to the findings and recommendations on June 14, 2023. (ECF No. 17.) None of the cases Plaintiff cites, however, demonstrate that his challenge to an “unauthorized, illegal sentence” is properly before this Court. /// In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. After carefully reviewing the entire file, including Plaintiff's objections, the Court concludes that the findings and recommendations are supported by the record and proper analysis. Accordingly, 1. The findings and recommendations issued on May 18, 2023, (ECF No. 16), are adopted in full; 2. This action is dismissed with prejudice for failure to state a cognizable claim; and 3. The Clerk of Court is directed to close this case. TIS SO ORDERED. Dated: _ August 22, 2023 UNITED f£TATES DISTRICT JUDGE