Escamilla v. Giurbino
Filing
16
ORDER denying leave to amend habeas corpus petition to bring 42:1983 claims.Signed by Judge Marilyn L. Huff on 11/7/06. (this order is in response to the discrepancy order and amended complaint that was filed on 11/13/06, document17 and 18. (r1r, ) cc: pro se law clerks Modified text on 11/14/2006 (r1r, ).
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Escamilla v. Giurbino
Doc. 16
Case 3:05-cv-01936-H-BLM
Document 16
Filed 11/07/2006
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CARLOS ESCAMILLA, vs. Petitioner, CASE NO. 05-CV-1936-H (BLM) ORDER DENYING LEAVE TO AMEND HABEAS PETITION TO BRING 42 U.S.C. § 1983 CLAIMS
GEORGE GIURBINO, Warden, Respondent.
Petitioner Carlos Escamilla, proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on October 11, 2005. (Doc. No. 1.) In his petition, he challenged the results of a prison disciplinary proceeding. Respondent has answered the petition and Petitioner has filed a traverse. (Doc. Nos. 9 & 12.) On October 27, 2006, the Court received an amended complaint from Petitioner in which he seeks to transform his habeas petition into a civil rights action under 42 U.S.C. § 1983. The Court has denied Petitioner's habeas corpus petition, however, and directed the Clerk of the Court to close the case. Accordingly, should Petitioner wish to file a complaint alleging violations of 42 U.S.C. § 1983, he must file a new civil case and submit the required filing fee or submit a proper request to proceed in forma pauperis.
IT IS SO ORDERED. DATED: November 7, 2006 27
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MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT
-105cv1936
Dockets.Justia.com
Case 3:05-cv-01936-H-BLM
Document 16
Filed 11/07/2006
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Copies To:
Carlos Escamilla J06457-02-126 3 KVSP P.O. Box 5104 4 Delano, CA 93216
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Office of the Attorney General 110 West A Street Suite 1100 7 San Diego, CA 92101-5266
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05cv1936
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