(PC) Castillo v. Harper

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE G. CASTILLO, No. 1:21-cv-01181-ADA-CDB (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 JEAN HARPER, et al., COMPLAINT FOR FAILURE TO STATE A CLAIM 15 Defendants. (ECF No. 16) 16 17 Plaintiff Jose G. Castillo is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action filed 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 May 18, 2023, the Magistrate Judge issued findings and recommendations, finding 21 that Plaintiff’s complaint challenges the length of, rather than the conditions of, his confinement. 22 (ECF No. 16.) After determining that Plaintiff’s claim for damages is barred by Heck v. 23 Humphrey, 512 U.S. 477, 486–87 (1994), the Magistrate Judge recommended that the Court 24 dismiss the complaint with prejudice for failure to state a cognizable claim. (Id. at 4–5.) 25 Plaintiff filed objections to the findings and recommendations on June 14, 2023. (ECF 26 No. 17.) None of the cases Plaintiff cites, however, demonstrate that his challenge to an 27 “unauthorized, illegal sentence” is properly before this Court. 28 /// 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 2 | de novo review of this case. After carefully reviewing the entire file, including Plaintiff's 3 | objections, the Court concludes that the findings and recommendations are supported by the 4 | record and proper analysis. 5 Accordingly, 6 1. The findings and recommendations issued on May 18, 2023, (ECF No. 16), are 7 adopted in full; 8 2. This action is dismissed with prejudice for failure to state a cognizable claim; and 9 3. The Clerk of Court is directed to close this case. 10 11 12 | TIS SO ORDERED. 13 Dated: _ August 22, 2023 4 UNITED f£TATES DISTRICT JUDGE

15 16 17 18 19 20 21 22 23 24 25 26 27 28