Welch v. Allenby et al

Filing 15

ORDER Adopting 14 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 Form)(Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENDYL WELCH, 12 13 14 CASE NO. 1:15-cv-00121-LJO-MJS (PC) Plaintiff, 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 v. CLIFF ALLENBY, et al., 15 Defendants. 16 (ECF No. 14) 17 18 CLERK TO SEND PLAINTIFF HABEAS PETITION FORM 19 CASE TO REMAIN OPEN 20 THIRTY (30) DAY DEADLINE 21 22 23 24 25 26 27 28 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 11, 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 1 notice of voluntary dismissal. (ECF No. 14.) Plaintiff filed no objections. 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has 3 conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 Court finds the Findings and Recommendation to be supported by the record and by 5 proper analysis. 6 Accordingly, it is HEREBY ORDERED that: 7 1. 8 The Court adopts the findings and recommendations, filed on February 11, 2015 (ECF No. 14), in full; 9 2. Plaintiff’s complaint (ECF No. 1) is DISMISSED for failure to state a claim; 10 3. The Clerk’s Office is directed to send Plaintiff a habeas petition form; and 11 4. Plaintiff is required to file a habeas petition or a notice of voluntary 12 dismissal within thirty (30) days of the date of this order. 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill March 18, 2015 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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