Renteria v. Davey

Filing 12

ORDER signed by Magistrate Judge Deborah Barnes on 10/05/17 ORDERING petitioner's 10/02/17 objections to the court's September 20th order are denied. Within 20 days of the filed date of this order, petitioner may either file a civil rights complaint as described in the September 20 order or seek dismissal of this action. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD DAVE RENTERIA,

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No. 2:17-cv-0784 JAM DB P

Petitioner,

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v.

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DAVE DAVEY,

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ORDER

Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus

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under 28 U.S.C. § 2254. In an order filed September 20, 2017, the court found petitioner’s claims

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should be brought in a civil rights action under 42 U.S.C. § 1983. Petitioner was given the option

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of amending his pleading to present his due process claim in a civil right complaint or voluntarily

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dismissing this action. (ECF No. 10.) On October 2, 2017, petitioner filed a document entitled

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“Petitioner’s ‘Objections’ to Magistrate’s Order dated September 20, 2017.” (ECF No. 11.)

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Therein, petitioner appears to reiterate the bases for his claims.

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The court construes petitioner’s October 2 filing as a motion for reconsideration of the

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court’s September 20 order. Because petitioner presents no grounds for reconsidering the court’s

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order, his motion will be denied. Petitioner should review the September 20 order and, if he

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wishes to proceed in a civil rights action in this court, file his claim on the civil rights complaint

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form provided to him with the September 20 order.
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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Petitioner’s October 2, 2017 objections to the court’s September 20 order are denied;

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2. Within twenty days of the filed date of this order, petitioner may either file a civil

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rights complaint as described in the September 20 order or seek dismissal of this

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action; and

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3. Petitioner’s failure to file a complaint or otherwise respond to this order will result in a

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recommendation that his action be dismissed pursuant to Federal Rule of Civil

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Procedure 41(b) and Local Rule 110.

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Dated: October 5, 2017

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DLB:9
DLB1/prisoner-habeas/rent0784.obj

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