Wyatt v. State of Texas

United States District Court for the Northern District of California

Wyatt v. State of Texas

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 GEORGE WYATT, Case No. 22-cv-00437-JSW

9 Plaintiff, ORDER OF DISMISSAL v. 10

11 STATE OF TEXAS, et al., Defendants. 12

13 Plaintiff, a Texas prisoner proceeding pro se, has filed a civil rights complaint under 42

14 U.S.C. § 1983

seeking release from prison. He is granted leave to proceed in forma pauperis in a 15 separate order. 16 Federal courts must engage in a preliminary screening of cases in which prisoners seek 17 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 18 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims 19 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 20 monetary relief from a defendant who is immune from such relief.

Id.

at 1915A(b)(1),(2). Pro se 21 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't,

901 F.2d 696, 699

(9th 22 Cir. 1990). 23 Plaintiff seeks a pardon, clemency, and an acquittal. Release from state custody may be 24 sought in a petition for a writ of habeas corpus under

28 U.S.C. § 2254

. Habeas is the “exclusive 25 remedy” for the prisoner who seeks “‘immediate or speedier release’” from confinement. Skinner 26 v. Switzer,

562 U.S. 521, 533-34

(2011) (quoting Wilkinson v. Dotson,

544 U.S. 74, 82

(2005)). 27 Accordingly, this case is DISMISSED without prejudice filing a petition for a writ of habeas ] The Clerk shall enter judgment and close the file. 2 IT ISSO ORDERED. 3 Dated: February 24, 2022 vy 4 / 5 Xb (JEFFREY S. WHITE 6 // at StatesPistrict Judge

8 9 10 1]

13

16

Oo Z 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown