Fuentes v. Swain et al

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 09/18/17 ORDERING the petition is dismissed for lack of habeas jurisdiction for the reasons set forth in the 6/21/17 order 10 . CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY JAMES FUENTES,

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Petitioner,

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v.

No. 2:15-cv-2535 AC P

ORDER

SWAIN, et al.,
Respondents.

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Petitioner, a federal prisoner proceeding pro se, has filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2241. The parties have consented to the jurisdiction of the

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undersigned magistrate judge for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule

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305(a). ECF Nos. 4, 7.

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By order filed June 21, 2017, the court screened the petition and found that it lacked

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habeas jurisdiction over the claims and that petitioner’s claims should have been brought in an

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action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S.

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388 (1971). ECF No. 10. Petitioner was given thirty days to file an amended complaint

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converting the petition into a civil rights action and was warned that failure to do so would result

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in dismissal of the petition for lack of habeas jurisdiction. Id. at 4. After petitioner failed to file

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an amended complaint or otherwise respond to the order, he was given an additional twenty-one

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days to comply and warned that failure to do so would result in dismissal of the petition without
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further warning. ECF No. 11. Twenty-one days have now passed and petitioner has once again

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failed to file an amended complaint or otherwise respond to the order.

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Accordingly, IT IS HEREBY ORDERED that the petition is dismissed for lack of habeas

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jurisdiction for the reasons set forth in the June 21, 2017 order (ECF No. 10).

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DATED: September 18, 2017

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