(HC) Shields v. Walker, No. 2:2009cv03597 - Document 14 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 06/01/10 vacating 8 FINDINGS AND RECOMMENDATIONS. Petitioner, within 30 days of the date of this order file an amended complaint. (Plummer, M)

Download PDF
(HC) Shields v. Walker Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REMON SHIELDS, 11 Petitioner, 12 13 No. CIV S-09-3597 MCE DAD P vs. JAMES WALKER, 14 Respondent. 15 ORDER / 16 Petitioner is a state prisoner proceeding pro se with an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. On January 29, 2010, the court issued findings and 18 recommendations, recommending that this action be dismissed without prejudice to the filing of 19 a civil rights action. The court explained to petitioner that habeas relief was unavailable to him 20 because he had failed to allege that the expungement of a disciplinary ruling would in any way 21 accelerate his release from prison. 22 On May 25, 2010, petitioner filed objections to the court’s January 29, 2010 23 findings and recommendations. Therein, petitioner alleges that he was in fact deprived of good 24 time credits and that the expungement of the disciplinary ruling would accelerate his release from 25 prison. 26 ///// Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The court’s January 29, 2010 findings and recommendations (Doc. No. 8) are 3 vacated; and 4 2. Petitioner shall, within thirty days of the date of this order, file an amended 5 complaint. In his amended complaint, petitioner shall clearly allege facts explaining whether he 6 is sentenced to a term of life without the possibility of parole and whether the disciplinary ruling 7 now in dispute resulted in him being deprived of time credits. 8 DATED: June 1, 2010. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DAD:sj shie3597.vac

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.