Goldberg v. Allenby et al
ORDER Adopting 15 FINDINGS AND RECOMMENDATIONS to Dismiss Complaint For Failure to State a Claim and Require Plaintiff to File a Habeas Petition or Notice of Voluntary Dismissal; Clerk to Send Plaintiff Habeas Petition Form; Case to Remain Open; Thirty (30) Day Deadline signed by District Judge Lawrence J. O'Neill on 3/18/2015. (Attachments: # 1 Habeas Petition)(Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CLIFF ALLENBY, et al.,
CASE NO. 1:15-cv-00112-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
COMPLAINT FOR FAILURE TO STATE A
CLAIM AND REQUIRE PLAINTIFF TO
FILE A HABEAS PETITION OR NOTICE
OF VOLUNTARY DISMISSAL
(ECF No. 15)
CLERK TO SEND PLAINTIFF HABEAS
CASE TO REMAIN OPEN
THIRTY (30) DAY DEADLINE
Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the
United States District Court for the Eastern District of California.
On February 9, 2015, the Magistrate Judge issued findings and recommendations
to dismiss Plaintiff’s complaint for failure to state a claim, and to require Plaintiff to file,
within thirty days, either a petition for a writ of habeas corpus or a notice of voluntary
dismissal. (ECF No. 15.) Plaintiff filed no objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has
conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the Findings and Recommendation to be supported by the record and by
Accordingly, it is HEREBY ORDERED that:
The Court adopts the findings and recommendations, filed on February 9,
2015 (ECF No. 15), in full;
Plaintiff’s complaint (ECF No. 1) is DISMISSED for failure to state a claim;
The Clerk’s Office is directed to send Plaintiff a habeas petition form; and
Plaintiff is required to file a habeas petition or a notice of voluntary
dismissal within thirty (30) days of the date of this order.
IT IS SO ORDERED.
/s/ Lawrence J. O’Neill
March 18, 2015
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?