(HC) Littleton v. Sacramento County ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL LITTLETON, No. 2:22-cv-01159-EFB (HC) 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SACRAMENTO COUNTY, 15 Respondent. 16 17 Petitioner is a county jail inmate without counsel. This action was opened when he filed a 18 state court form for a petition for writ of habeas corpus. ECF No. 1. He subsequently filed 19 numerous declarations, supplements, and statements asserting various “claims” for relief. See 20 ECF Nos. 3, 5, 6, 8, 9, 10. It was unclear from these filings whether petitioner intended to 21 proceed with this case as a habeas action pursuant to 28 U.S.C. § 2254 or as a civil rights action 22 pursuant to 42 U.S.C. § 1983. 23 On August 11, 2022, the court informed petitioner that habeas petitions and civil rights 24 complaints provide exclusive vehicles for relief and may not be pursued concurrently in a single 25 action. Nettles v. Grounds,830 F.3d 922, 931 (9th Cir. 2016) (holding that if a state prisoner’s 26 claim would not necessarily lead to immediate or speedier release, it may not be brought in 27 habeas corpus but must be brought, if at all, under § 1983). The court ordered petitioner to file 28 either a petition for writ of habeas corpus or a civil rights complaint within 30 days and warned 1 || petitioner that failure to so comply could result in the dismissal of this action. ECF No. 13. The 2 || time for acting has passed and petitioner has not complied with or otherwise responded to the 3 || court’s order. 4 Accordingly, it is hereby ORDERED that the Clerk of the Court randomly assign a United 5 || States District Judge to this action. 6 Further, it is RECOMMENDED that this action be DISMISSED. Fed. R. Civ. P. 41(b); 7 || E.D. Cal. Local Rule 110. 8 These findings and recommendations are submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 10 || after being served with these findings and recommendations, any party may file written 11 || objections with the court and serve a copy on all parties. Such a document should be captioned 12 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 13 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 14 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 15 || Dated: September 26, 2022. 16 > M7 / EDMUND F. BRENNAN 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28