Haynes v. Matevousian

Filing 10

ORDER DISMISSING Petition for Writ of Habeas Corpus; ORDER DIRECTING CLERK OF COURT to Close Case and to Provide Petitioner with Blank Forms for Bivens Action;in the event an appeal is filed, no certificate of Appealability is required, signed by Magistrate Judge Jennifer L. Thurston on 03/13/2018. CASE CLOSED (Attachments: # 1 1983 Prisoner Civil Rights Complaint)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIS MARK HAYNES, 12 13 14 15 Petitioner, No. 1:18-cv-00178-JLT (HC) ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS v. ANDRE MATEVOUSIAN, Respondent. ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND TO PROVIDE PETITIONER WITH BLANK FORMS FOR BIVENS ACTION 16 17 On February 5, 2018, Petitioner filed a petition for writ of habeas corpus. (Doc. 1.) Upon 18 review of the petition, the Court found that Petitioner failed to establish grounds for habeas 19 corpus relief, and that the proper avenue for his complaints is a Bivens action pursuant to Bivens 20 v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). On 21 February 8, 2018, the Court issued Findings and Recommendations to DISMISS the petition 22 without prejudice to filing a Bivens action. (Doc. 4.) This Findings and Recommendation was 23 served upon all parties and contained notice that any objections were to be filed within twenty- 24 one days from the date of service of that order. Over twenty-one days have passed and no party 25 has filed objections. 26 After the Findings and Recommendations were issued, the parties consented to Magistrate 27 Judge jurisdiction pursuant to 28 U.S.C. ยง 636(c)(1). On March 8, 2018, the District Court 28 assigned the action to the undersigned for all further purposes and proceedings. (Doc. 9.) 1 1 Accordingly, the Court will DISMISS the petition for the reasons set forth in the Findings and 2 Recommendations. Thus, the Court ORDERS: 3 1) The Petition for Writ of Habeas Corpus is DISMISSED without prejudice to Petitioner 4 5 commencing a Bivens action; 2) The Clerk of Court is DIRECTED to provide Petitioner with blank forms for filing a 6 Bivens action; 7 3) The Clerk of Court is DIRECTED to enter judgment and close the case; and 8 4) In the event an appeal is filed, no certificate of appealability is required. Forde v. U.S. 9 Parole Commission, 114 F.3d 878 (9th Cir. 1997). 10 11 12 IT IS SO ORDERED. Dated: March 13, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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