Gibbs v. Bosenko

Filing 10

ORDER signed by Magistrate Judge Dennis M. Cota on 11/29/2018 VACATING the 6 findings and recommendations issued on 6/19/2018. This action is recharacterized as a prisoner civil rights action; the Clerk shall update the docket to reflect this act ion proceeds as a prisoner civil rights action under 42 U.S.C. § 1983; petitioner shall file a complaint within 30 days of the date of this order; and the Clerk shall forward to petitioner the court's form complaint for prisoner civil rights cases. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT A. GIBBS,

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No. 2:18-CV-0859-MCE-DMC-P

Petitioner,
v.

ORDER

TOM BOSENKO,

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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.

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On June 19, 2018, the court issued findings and recommendations that this action

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be dismissed for failure to state a cognizable claim. See Doc. 6. On June 27, 2018, and June 28,

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2018, Petitioner filed objections and requested the action be recharacterized as a civil rights

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action under 42 U.S.C. § 1983. See Docs. 7 and 8. In the interest of justice, and at the request of

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Petitioner, the June 19, 2018, findings and recommendations will be vacated and the action will

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be recharacterized as a civil rights case. See Nettles v. Grounds, 830 F.3d 922, 936 (9th Cir.

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2016). Petitioner will be provided an opportunity to file a complaint stating all his claims as

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against all defendants in a single operative pleading. Petitioner is cautioned that failure to file a

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complaint within the time specified herein may result in dismissal of the entire action. See Local

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Rule 110.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations issued on June 19, 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: November 29, 2018
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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