Brown v. Montgomery

Filing 9

ORDER ADOPTING 8 Findings and Recommendation; ORDER DIRECTING Petitioner to Notify Court Whether to Convert Petition for Writ of Habeas Corpus to Civil Rights Action Under 42 U.S.C. 1983, signed by Chief Judge Lawrence J. O'Neill on 3/12/18. Twenty One Deadline. (Marrujo, C)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

KAREEM BROWN,
Petitioner,

11
12

Case No. 1:17-cv-01584-LJO- EPG-HC
ORDER ADOPTING FINDINGS AND
RECOMMENDATION

v.
(ECF No. 8)

13
14

WARREN MONTGOMERY,
ORDER DIRECTING PETITIONER TO
NOTIFY COURT WHETHER TO
CONVERT PETITION FOR WRIT OF
HABEAS CORPUS TO CIVIL RIGHTS
ACTION UNDER 42 U.S.C. § 1983

Respondent.

15
16
17

Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28

18 U.S.C. § 2254. On February 2, 2018, the Magistrate Judge issued Findings and Recommendation
19 to convert Petitioner’s habeas petition to a civil rights action under 42 U.S.C. § 1983. (ECF No.
20 8). This Findings and Recommendation was served on Petitioner and contained notice that any
21 objections were to be filed within twenty (20) days of the date of service of that order. To date,
22 Petitioner has filed no objections, and the time for doing so has passed.
23

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

24 a de novo review of the matter. Having carefully reviewed the entire file, the Court concludes
25 that the Findings and Recommendation is supported by the record and proper analysis.
26

Accordingly, IT IS HEREBY ORDERED that:

27

1. The Findings and Recommendation issued on February 2, 2018 (ECF No. 9) is

28

ADOPTED.

1

1

2. Within TWENTY-ONE (21) days from the date of service of this order, Petitioner

2

shall notify the Court whether he would like to convert his habeas petition to a § 1983

3

civil rights action, which would require Petitioner to pay the full $350 filing fee by

4

way of deductions from income to Petitioner’s trust account.

5

3. If Petitioner fails to notify the Court, the instant habeas action will be dismissed
without prejudice to Petitioner refiling his claims in a § 1983 action.

6
7
8
9

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 12, 2018

UNITED STATES CHIEF DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2