The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 KENNETH LEE TAYLOR,
Case No. 2:21-cv-01584-WBS-JDP (PC)
12 Plaintiff,
ORDER DENYING WITHOUT PREJUDICE
13 v. PLAINTIFF’S MOTION TO STAY THIS
ACTION
14 PATRICIA CASSADY, et al.,
15 Defendants.
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17 Plaintiff is a state prisoner proceeding without counsel in an action brought under
18 42 U.S.C. § 1983. Plaintiff’s complaint alleges that the state presented false information to the
19 parole board and that part of his conviction rests on perjured testimony. ECF No. 1. The court
20 screened his complaint, found that it did not state a cognizable claim, and granted him thirty days
21 to file an amended complaint. ECF No. 8. Rather than filing an amended complaint, plaintiff has
22 filed a motion that asks for the court to stay this case so that he can file a petition for habeas
23 corpus in state court. ECF No. 11. He asks that, should the court not be amendable to staying
24 this action, the case be voluntarily dismissed so that he can “fulfill his state court(s) requirements
25 first.” Id.
26 As explained in the screening order, plaintiff cannot challenge the validity of his
27 conviction or confinement in this section 1983 action. “Challenges to the validity of any
28 confinement or to particulars affecting its duration are the province of habeas corpus, Preiser v.
1 | Rodriguez, 411 U.S. 475, 500 (1973); requests for relief turning on circumstances of confinement
2 | may be presented in a § 1983 action.” Muhammad v. Close, 540 U.S. 749, 750 (2004).
3 | Generally, a litigant can pursue these claims separately. See id.
4 The court advises plaintiff that he does not need to withdraw this section 1983 action to
5 || pursue a state habeas corpus claim. However, to continue with this case, plaintiff must file an
6 | amended complaint. If plaintiff does not want to pursue this action, he can voluntarily dismiss it
7 | without prejudice by filing a notice of dismissal in accordance with Federal Rule of Civil
8 | Procedure 41(a)(1)(A). Additionally, if plaintiff continues to believe that this action should be
9 | stayed, he can file a renewed motion to stay that sets forth a legitimate basis for granting such
10 | relief.
11 Accordingly, it is hereby ORDERED that:
12 1. Plaintiff's motion to stay this matter, ECF No. 11, is denied without prejudice.
13 2. Plaintiff is granted thirty days from the date of this order in which to file an amended
14 | complaint.
15 3. Alternatively, plaintiff may voluntarily dismiss this action by filing a notice of
16 | dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1)(A).
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18 IT IS SO ORDERED.
19 ( 1 Sty —
Dated: _ June 23, 2022
20 JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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