Corderro Donte Miller v. Jason Schultz

Summary

The document is a magistrate judge’s order and findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The court concludes that the plaintiff’s challenge to the denial or revocation of good-time credits, and request for immediate parole, must be pursued through habeas corpus rather than a § 1983 action. It recommends dismissal without prejudice and without leave to amend and denial of the motion to proceed in forma pauperis.

Holdings

1. A state prisoner seeking injunctive relief against the denial or revocation of good-time credits must proceed in habeas corpus rather than under § 1983.
2. The court should not convert the complaint into a habeas petition because plaintiff's intent to bring habeas relief was not clear and the proposed habeas claim appeared unlikely to be cognizable and potentially unexhausted.
3. The complaint should be dismissed without prejudice and without leave to amend for failure to state a claim under § 1983, and the motion to proceed in forma pauperis should be denied.

Questions Presented

1. Whether a state prisoner may use a § 1983 action to obtain injunctive relief restoring or awarding good-time credits when that relief would affect the duration of confinement or parole eligibility.
2. Whether the court should convert the § 1983 complaint into a federal habeas petition.
3. Whether the complaint stated a claim warranting leave to proceed in forma pauperis and amendment after statutory screening.

Disposition

other