(HC) Grant v. People of the State of California, No. 2:2018cv01889 - Document 11 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/10/2018 ORDERING Clerk of Court to assign a district judge to this case and RECOMMENDING this action be dismissed. Assigned and referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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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 TRAVARE MONROE GRANT, 12 13 14 15 No. 2:18-cv-1889 DB P Petitioner, v. ORDER AND FINDINGS AND RECOMMENDATIONS PEOPLE OF THE STATE OF CALIFORNIA, Respondent. 16 17 18 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus 19 under 28 U.S.C. § 2254. In his petition filed July 5, 2018, petitioner challenges the prison’s 20 refusal to apply California’s Proposition 57 to his case and eliminate his sentence enhancements 21 for earlier parole consideration. In an order filed October 30, 2018, the court informed petitioner 22 that his claim is not appropriate in a habeas action and, if he wishes to pursue it, he must file a 23 civil rights complaint under 42 U.S.C. § 1983. (ECF No. 9.) Petitioner was provided a copy of 24 the civil rights complaint form used in this district and was instructed to file a civil rights 25 complaint or a notice of voluntary dismissal within thirty days. Petitioner was advised that his 26 failure to file either document would result in a recommendation that this action be dismissed. 27 28 Thirty days have passed and petitioner has filed neither a civil rights complaint nor a notice of dismissal. 1 1 2 3 4 5 Accordingly, the Clerk of the Court is HEREBY ORDERED to assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed. See E.D. Cal. R. 110; Fed. R. Civ. P. 41(b). These findings and recommendations will be 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, any party may file written 8 objections with the court and serve a copy on all parties. The document should be captioned 9 “Objections to Magistrate Judge's Findings and Recommendations.” Any response to the 10 objections shall be filed and served within seven days after service of the objections. The parties 11 are advised that failure to file objections within the specified time may result in waiver of the 12 right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). In the 13 objections, the party may address whether a certificate of appealability should issue in the event 14 an appeal of the judgment in this case is filed. See Rule 11, Rules Governing § 2254 Cases (the 15 district court must issue or deny a certificate of appealability when it enters a final order adverse 16 to the applicant). 17 Dated: December 10, 2018 18 19 20 DLB:9 DB/prisoner-habeas/gran1889.fta fr 21 22 23 24 25 26 27 28 2