Hamilton v. Bird et al

Filing 1

ORDER to Open New Civil Case. (See civil case number 15-cv-01107-CBS) by Magistrate Judge Craig B. Shaffer on 08/06/2015. (sphil, ) Modified to show correct file date on 8/7/2015 (sphil, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01107-CBS
JAN B. HAMILTON,
Plaintiff,
v.
JAMES B. BOYD, Judge, et al.,
Defendants.

ORDER TO OPEN NEW CIVIL CASE

Plaintiff, Jan B. Hamilton, is detained in the Park County Detention Facility in
Fairplay, Colorado. Ms. Hamilton initiated this action on May 26, 2015, by filing a
“Complaint” (ECF No. 1). On July 28, 2015, Plaintiff filed a Prisoner Complaint (ECF
No. 35), pursuant to 42 U.S.C. § 1983, in compliance with court orders to file her
pleading on the court-approved form. (See ECF Nos. 3, 14, and 27). Ms. Hamilton has
been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
On July 30, 3015, Ms. Hamilton filed, in the present action, an Application for a
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 38) in which she names
Don Bird, Pitkin County jail, and the Attorney General of the State of Colorado as
Respondents. Ms. Hamilton also paid the $5.00 filing fee applicable to habeas corpus
actions. (See ECF No. 39). In the § 2254 Application, Ms. Hamilton challenges the
validity of her convictions for harassment and false reporting in Garfield County Court
Case No. 14M143, for which she was sentenced to a 6-month jail term, to run
consecutively to the sentences imposed in Case Nos. 14M92 and 14M30. (ECF No. 38,

at 1-2, 24).
Plaintiff may not pursue civil rights claims and habeas corpus claims in a single
action. See generally McIntosh v. United States Parole Comm’n, 115 F.3d 809, 811-12
(10th Cir. 1997) (discussing the differences between civil rights claims and habeas
corpus proceedings); see also Palma-Salazar v. Davis, 677 F.3d 1031, 1035 (10th Cir.
2012) (observing that the Tenth Circuit has distinguished between habeas actions and
those challenging conditions of confinement, citing McIntosh ). Accordingly, it is
ORDERED that the Clerk of the Court shall file the Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 38) and the $5.00 filing fee
(ECF No. 39) in a new civil action opened under 28 U.S.C. § 2254.
DATED August 6, 2015, at Denver, Colorado.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge