Shipp v. Cain et al

Filing 8

ORDER converting Civil Rights Action to a Habeas Action; directing Clerk to mail standard 2254 forms to petitioner; Shipp is directed to complete and return standard forms within 21 days; terminating 3 MOTION to Change Venue as moot. Signed by Magistrate Judge Roy Percy on 8/28/2024. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MICHAEL KINCAID SHIPP
V.

PETITIONER
CIVIL ACTION NO. 3:24-CV-00247-GHD-RP

BURL CAIN, et al.

RESPONDENTS

ORDER CONVERTING CIVIL RIGHTS ACTION TO A HABEAS ACTION
Mississippi inmate Michael Kincaid Shipp, proceeding pro se, filed the instant civil rights
complaint under 42 U.S.C. § 1983 in the Southern District of Mississippi. See Doc. # 1. Although
filed as a § 1983 action, the nature of the claims alleged, and relief sought is more appropriately
presented as a federal habeas action under 28 U.S.C. § 2254. This is so because Shipp does not
complain about the conditions of his confinement. Instead, he takes issue with the underlying
state-court conviction and sentence for which he is currently incarcerated.
Thus, the Clerk of Court is DIRECTED to mail Shipp the Court’s standard form for §
2254 petitions and to take such administrative actions as necessary to properly categorize this
action as such. Shipp is DIRECTED to complete and return the enclosed habeas form within
twenty-one (21) days from the date of this Order. Shipp is further directed to acknowledge receipt
of this order by signing the enclosed acknowledgment form and returning it to the Court within
fourteen (14) days of this date. Shipp is also warned that his failure to comply with the
requirements of this order may lead to the dismissal (without prejudice) of his petition for failure
to prosecute and for failure to comply with an order of the Court.

Lastly, the Clerk of Court is DIRECTED to TERMINATE Shipp’s Motion to Change
Venue (Doc. # 3) as that motion was rendered moot when the Southern District transferred the
cause to this District.
SO ORDERED, this the 28th day of August, 2024.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE

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