(HC) Littleton v. Sacramento County ( 2022 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL LITTLETON, No. 2:22-cv-1159-EFB (HC) 10 Petitioner, 11 v. ORDER 12 SACRAMENTO COUNTY, 13 Respondent. 14 15 Petitioner is a county jail inmate proceeding without counsel. He commenced this action 16 using a state court form for a petition for writ of habeas corpus. ECF No. 1. Since then, he has 17 filed various declarations, “new information,” supplements, and a motion for a preliminary 18 injunction.1 ECF Nos. 3, 5, 6, 8, 9, 10. 19 Petitioner, however, has neither filed an in forma pauperis application nor paid the 20 required filing fee for a habeas action ($5.00) or a civil action ($402.00). See 28 U.S.C. §§ 21 1914(a); 1915(a). Petitioner will be provided the opportunity to either submit an in forma 22 pauperis application or the appropriate filing fee. 23 ///// 24 ///// 25 1 It is unclear whether petitioner intends to proceed with this case as a habeas action pursuant to 28 U.S.C. § 2254 or as a civil rights action pursuant to 42 U.S.C. § 1983. Habeas 26 petitions and civil rights complaints provide exclusive vehicles for relief and may not be pursued 27 concurrently in a single action. See Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016) (holding that if a state prisoner’s claim would not necessarily lead to immediate or speedier 28 release, it may not be brought in habeas corpus but must be brought, if at all, under § 1983). 1 Accordingly, petitioner has 30 days from the date of service of this order to submit either 2 || the appropriate filing fee or the application required by § 1915(a). The Clerk of the Court is 3 || directed to mail to petitioner a form application for leave to proceed in forma pauperis. Failure to 4 || comply with this order may result in the dismissal of this action. 5 So ordered. 6 || Dated: July 27, 2022. □□ PDEA 8 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28