What is the test for a motion to change the length of a defendant's sentence?
MultiRegion, United States of America
The following excerpt is from Kitilya v. Cal. Dep't of Corr., No. 2:18-cv-0672 JAM DB P (E.D. Cal. 2018):
1. Even if plaintiff did allege such a violation, it is not cognizable in this civil rights action. A challenge affecting the length of plaintiff's sentence must be brought in a petition for a writ of habeas corpus under 28 U.S.C. 2254. See Nettles v. Grounds, 830 F.3d 922, 927 (9th Cir. 2016) (habeas corpus is the exclusive vehicle for relief affecting the duration of confinement).
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