Davis v. Colusa County Court System et al

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 3/3/17. Plaintiff's February 21, 2017 filing 17 is retained in the court docket and disregarded. (Kaminski, H)

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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 CONNOR A. DAVIS, 12 13 14 15 16 No. 2:16-cv-2304 KJM KJN P Petitioner, v. ORDER COLUSA COUNTY COURT SYSTEM, et al., Respondents. 17 18 This petition for writ of habeas corpus was dismissed on January 10, 2017. On February 19 21, 2017, petitioner filed a document entitled “complaint,” also against the Colusa County Court 20 System, judges, district attorney, and public defender, in which he discusses colleges in England, 21 and how much money petitioner has lost due to defendants’ actions, claiming they failed in their 22 jobs under color of the law and the California Bar code of ethics. (ECF No. 17.) The true nature 23 of petitioner’s recent filing is unclear, but it is clear what it is not: it is not a petition for writ of 24 habeas corpus, and, as presently written, is not a cognizable civil rights complaint. In the October 25 12, 2016, petitioner was informed that a civil rights action is the proper mechanism for a prisoner 26 seeking to challenge the conditions of his confinement. See 42 U.S.C. § 1983; Badea v. Cox, 931 27 F.2d 573, 574 (9th Cir. 1991). (See ECF No. 4 at 3 n.3.) Therefore, petitioner’s filing is retained in 28 the court docket and disregarded. If petitioner wishes to file a civil rights complaint, he must do 1 1 so by filing a complaint in a new action and should refrain from including the instant case number 2 on such filing. 3 Accordingly, IT IS HEREBY ORDERED that plaintiff’s February 21, 2017 filing (ECF 4 No. 17) is retained in the court docket and disregarded. 5 Dated: March 3, 2017 6 7 8 /davi2304.158 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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