(HC) Singanonh v. Susanville Prison, No. 2:2018cv00159 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Dennis M. Cota on 12/6/18 VACATING 12 Findings and Recommendations. This action is recharacterized as a prisoner civil rights action. Plaintiff shall file a complaint within 30 days of the date of this order. (Coll, A)
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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIENGKHAM SINGANONH, 12 Petitioner, 13 14 No. 2:18-CV-0159-WBS-DMC-P v. ORDER SUSANVILLE PRISON, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2254. On August 6, 2018, the court issued findings and recommendations that this action 19 20 be dismissed for failure to state a cognizable claim. On August 24, 2018, petitioner filed 21 objections and requested the action be recharacterized as a civil rights action under 42 U.S.C. 22 § 1983. In the interest of justice, and at the request of petitioner, the August 6, 2018, findings and 23 recommendations will be vacated and the action will be recharacterized as a civil rights case. See 24 Nettles v. Grounds, 830 F.3d 922, 936 (9th Cir. 2016). Petitioner will be provided an opportunity 25 to file a complaint stating all his claims as against all defendants in a single operative pleading. 26 Petitioner is cautioned that failure to file a complaint within the time specified herein may result 27 in dismissal of the entire action. See Local Rule 110. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued on August 6, 2018, are hereby 4 2. This action is recharacterized as a prisoner civil rights action; 5 3. The Clerk of the Court is directed to update the docket to reflect this action 3 6 vacated; proceeds as a prisoner civil rights action under 42 U.S.C. § 1983; 7 4. Petitioner shall file a complaint within 30 days of the date of this order; and 8 5. The Clerk of the Court is directed to forward to petitioner the court’s form 9 complaint for prisoner civil rights cases. 10 11 12 Dated: December 6, 2018 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2