Rogers v. Nevada County

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/04/17 ORDERING The Clerk of the Court is directed to send petitioner the courts forms for anapplication for writ of habeas corpus and for a civil rights complaint pursuant to 42U.S.C.§ 1983. Petitioner shall file either a petition for writ of habeas corpus or a civil rightscomplaint within 30 days of the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE ROGERS,

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No. 2:17-cv-1162-EFB P

Petitioner,
v.

ORDER

NEVADA COUNTY,

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Respondent.

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Petitioner is a county inmate without counsel. This action was opened when he filed

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documents styled as a “petition for writ of habeas corpus,” and a “civil rights complaint by a

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prisoner.” ECF No. 1. Thus, it is unclear whether he intends to proceed with this case as a

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habeas action pursuant to 28 U.S.C. § 2254 or as a civil rights action pursuant to 42 U.S.C.

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§ 1983. Habeas petitions and civil rights complaints provide exclusive vehicles for relief and

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may not be pursued concurrently in a single action. See Nettles v. Grounds, 830 F.3d 922, 931

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(9th Cir. 2016) (holding that if a state prisoner’s claim would not necessarily lead to immediate or

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speedier release, it may not be brought in habeas corpus but must be brought, if at all, under

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§ 1983).

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Accordingly, it is hereby ORDERED that:

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1. The Clerk of the Court is directed to send petitioner the court’s forms for an

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application for writ of habeas corpus and for a civil rights complaint pursuant to 42

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U.S.C.§ 1983.

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2. Petitioner shall file either a petition for writ of habeas corpus or a civil rights
complaint within 30 days of the date of this order.
3. Failure to comply with this order may result in the dismissal of this action.
DATED: October 4, 2017.

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