Opinion
1:22-cv-00564-JLT-SAB (PC)
06-16-2022
ISRAEL RAMIREZ, Plaintiff, v. PEREZ, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF'S MOTION FOR IMMEDIATE RELEASE FROM PRISON (DOCS. 7, 9)
The Magistrate Judge issued findings and recommendations recommending that Plaintiff's motion for immediate release from prison be denied. (Doc. 9.) The court served the findings and recommendations and advised Plaintiff that objections were due within fourteen days. (Id. at 4.) Plaintiff filed objections. (Doc. 12.)
According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. Having carefully reviewed the entire matter, including Plaintiff's objections, the Court concludes the findings and recommendations are supported by the record and by proper analysis. The objections do not undermine the central point of the findings and recommendations: that Plaintiff cannot obtain release from custody as a remedy in this civil rights case. The exclusive mechanism for a prisoner seeking release from custody is a motion for habeas corpus. Although Plaintiff mentioned the term “habeas corpus” in his motion for emergency relief, the arguments he makes in support of release-to the extent the court can discern those arguments-concern the provision of medical care. His motion cannot reasonably be construed as a petition for habeas corpus. Thus, the Court ORDERS:
1. The findings and recommendations issued on May 31, 2022 (Doc. 9) are adopted in full.
2. Plaintiff's motion for immediate release from prison (Doc. 7) is DENIED.
IT IS SO ORDERED.