(HC)Johnson v. CDCR

Filing 13

ORDER signed by Magistrate Judge Allison Claire on 1/06/21 DENYING 12 Motion to amend the petition. Petitioner shall have 14 days from the service of this order to file objections to the December 15, 2020 findings and recommendations.(Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

PAUL SAMUEL JOHNSON,

12

Petitioner,

13
14

No. 2:20-cv-1891 KJM AC P

v.

ORDER

CDCR,

15

Respondent.

16
Petitioner has filed a document seeking to add additional claims and attachments to his

17
18

petition, ECF No. 12, which the court will construe as a motion to amend the petition.
By findings and recommendations filed December 15, 2020, the undersigned

19
20

recommended that the petition be denied without prejudice to filing the claims in a new action

21

under 42 U.S.C. § 1983. ECF No. 11. The request to amend the petition does not alter this

22

recommendation, as it fails to include a proposed amended petition and therefore does not

23

demonstrate that an amended petition would cure the defects identified in the findings and

24

recommendations. Moreover, to the extent the motion makes additional factual allegations, they

25

relate to plaintiff’s conditions of confinement, as do his additional requests for injunctive relief.

26

ECF No. 12 at 1-2. As outlined in the findings and recommendations, claims related to

27

petitioner’s conditions of confinement are not properly brought in habeas. See ECF No. 11 at 2.

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The motion to amend the petition, ECF No. 12, is DENIED.

3

2. Petitioner shall have fourteen days from the service of this order to file objections to

4

the December 15, 2020 findings and recommendations.

5

DATED: January 6, 2021

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2