Opinion
22-cv-00437-JSW
02-24-2022
GEORGE WYATT, Plaintiff, v. STATE OF TEXAS, et al., Defendants.
ORDER OF DISMISSAL
JEFFREY S. WHITE United States District Judge.
Plaintiff, a Texas prisoner proceeding pro se, has filed a civil rights complaint under 42 U.S.C. § 1983 seeking release from prison. He is granted leave to proceed in forma pauperis in a separate order.
Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1), (2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
Plaintiff seeks a pardon, clemency, and an acquittal. Release from state custody may be sought in a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Habeas is the “exclusive remedy” for the prisoner who seeks “‘immediate or speedier release'” from confinement. Skinner v. Switzer, 562 U.S. 521, 533-34 (2011) (quoting Wilkinson v. Dotson, 544 U.S. 74, 82 (2005)). Accordingly, this case is DISMISSED without prejudice filing a petition for a writ of habeas corpus in the district in which he was convicted (presumably in Texas).
The Clerk shall enter judgment and close the file.
IT IS SO ORDERED.