(HC) Ali v. Connors ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HASSAN ALI, ) Case No. 1:21-cv-01325-NONE-SAB (PC) ) 12 Plaintiff, ) ) ORDER VACATING FINDINGS AND 13 v. ) RECOMMENDATIONS AND ORDER GRANTING MOTION TO PROCEED IN FORMA 14 IAN CONNORS, et al., ) PAUPERIS, AND CONSTRUING ACTION AS A ) HABEAS CORPUS PETITION FILED BY A 15 Defendants. ) FEDERAL PRISONER ) 16 ) (ECF Nos. 4, 7) ) 17 ) 18 Plaintiff Hassan Ali is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 20 (1971). 21 On September 17, 2021, the undersigned issued Findings and Recommendations 22 recommending that the action be dismissed for failure to state a cognizable claim for relief. (ECF No. 23 7.) Plaintiff filed timely objections on October 4, 2021. (ECF No. 8.) In his objections, Plaintiff 24 submits that his “Petition was intended and assumed by him to be a petition for a writ of habeas corpus 25 and not a Bivens.” (Id. at 1.) Plaintiff requests that the Court construe his pleading as a writ of habeas 26 corpus. (Id. at 2.) 27 /// 28 /// 1 Based on Plaintiff's objections, the Court will vacate the Findings and Recommendations and 2 || order directing payment of the $350.00 filing, and direct that the action be construed as a habeas 3 || corpus petition filed pursuant to 28 U.S.C. § 2241. Castro v. United States, 540 U.S. 375, 383 (2003° 4 || (a pro se litigant's civil rights complaint may be recharacterized as a habeas petition). 5 Accordingly, it is HEREBY ORDERED that: 6 1. The September 3, 2021 order directing the payment of the $350.00 filing fee (ECF No 7 4) is vacated; 8 2. The Findings and Recommendations issued on September 17, 2021 are vacated; 9 3, The Clerk of Court is directed to construe this action as filed pursuant to 28 U.S.C. § 10 2241; and 11 4. Plaintiff is advised that the Court will conduct a preliminary review of the petition in 12 due course. 13 14 IS SO ORDERED. A (re 15 Dated: _ October 12, 2021 OF 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28