Singanonh v. Susanville Prison

Filing 17

ORDER signed by Magistrate Judge Dennis M. Cota on 12/6/18 VACATING 12 Findings and Recommendations. This action is recharacterized as a prisoner civil rights action. Plaintiff shall file a complaint within 30 days of the date of this order. (Coll, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIENGKHAM SINGANONH,

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Petitioner,

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No. 2:18-CV-0159-WBS-DMC-P

v.

ORDER

SUSANVILLE PRISON,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254.
On August 6, 2018, the court issued findings and recommendations that this action

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be dismissed for failure to state a cognizable claim. On August 24, 2018, petitioner filed

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objections and requested the action be recharacterized as a civil rights action under 42 U.S.C.

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§ 1983. In the interest of justice, and at the request of petitioner, the August 6, 2018, findings and

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recommendations will be vacated and the action will be recharacterized as a civil rights case. See

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Nettles v. Grounds, 830 F.3d 922, 936 (9th Cir. 2016). Petitioner will be provided an opportunity

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to file a complaint stating all his claims as against all defendants in a single operative pleading.

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Petitioner is cautioned that failure to file a complaint within the time specified herein may result

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in dismissal of the entire action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations issued on August 6, 2018, are hereby

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2.

This action is recharacterized as a prisoner civil rights action;

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3.

The Clerk of the Court is directed to update the docket to reflect this action

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vacated;

proceeds as a prisoner civil rights action under 42 U.S.C. § 1983;

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4.

Petitioner shall file a complaint within 30 days of the date of this order; and

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5.

The Clerk of the Court is directed to forward to petitioner the court’s form

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complaint for prisoner civil rights cases.

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Dated: December 6, 2018
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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