(HC) Ingram v. Sloan et al, No. 2:2018cv01831 - Document 4 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/28/18 ORDERING the Clerk of the court assign a district court judge to this case. Also, RECOMMENDING that the habeas corpus petition for a verification of debt else release claim before the court be dismissed; and this case be closed. Assigned and referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL INGRAM EL, 12 Petitioner, 13 14 No. 2:18-cv-1831 CKD P v. ORDER AND TIMOTHY SLOAN, et al., 15 FINDINGS AND RECMMENDATIONS Respondent. 16 Petitioner has filed a document titled “Habeas Corpus Petition for a Verification of Debt 17 18 Else Release of Claim.” He has paid the court’s $5 filing fee for habeas corpus actions. A writ of habeas corpus is a form of relief reserved for those in custody. See 28 U.S.C. 19 20 2241(c). Petitioner does not appear to be in any form of custody, and he does not seek release 21 from any form of custody. Accordingly, the court views the “petition” before the court as 22 frivolous and the petition amounts to a clear violation of Rule 11 of the Federal Rules of Civil 23 Procedure. The court will recommend that the petition be dismissed and petitioner is warned that 24 future violations of Rule 11 may result in monetary sanctions. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 25 26 court judge to this case. 27 ///// 28 ///// 1 1 IT IS HEREBY RECOMMENDED that: 2 1. The “Habeas Corpus Petition for a Verification of Debt Else Release of Claim” before 3 the court be dismissed; and 4 2. This case be closed. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, petitioner may file written 8 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 9 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 10 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 11 F.2d 1153 (9th Cir. 1991). 12 Dated: June 28, 2018 13 14 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2