Dixon v. Hall et al

Filing 9

ORDER DIRECTING CLERK TO OPEN A HABEAS CORPUS CASE WITH THE PRESENT COMPLAINT. Signed by Magistrate Judge Roy Percy on 10/5/17. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
CEDRIC DIXON

PLAINTIFF

v.

No. 4:17CV86-DMB-RP

PELICIA HALL, ET AL.

DEFENDANTS
ORDER DIRECTING CLERK TO
OPEN A HABEAS CORPUS CASE WITH
THE PRESENT COMPLAINT

This matter comes before the court on the complaint by Cedric Dixon, who challenges the
conditions of his confinement under 42 U.S.C. § 1983. In his complaint, he alleges various violations
to his civil rights as a prisoner, as well as irregularities regarding the computation of his sentence. As
relief, he seeks release from custody and damages against the various defendants. As this case
contains elements of both a prisoner civil rights suit under 42 U.S.C. § 1983 and a habeas corpus
petition under 28 U.S.C. § 2254, the court will permit it to proceed – as separate suits – in both ways.
As such, the Clerk of the Court is DIRECTED to open a separate case under 28 U.S.C. § 2254 on the
court’s docket using the complaint in the instant case. In addition, the Clerk of the Court is directed to
provide the plaintiff with the proper form for initiating a petition under § 2254, as well as a form for
proceeding in forma pauperis in the new case. The plaintiff must return a completed copy of those
forms within 30 days from the date of this order.

SO ORDERED, this, the 5th day of October, 2017.

/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE