Burch v. Adams

Full title: RICHARD BURCH, Petitioner, v. D. ADAMS, Warden, et al., Respondents

Court: United States District Court, E.D. California

Date published: Aug 22, 2005

1:05-CV-0930 AWI SMS HC (E.D. Cal. Aug. 22, 2005)

Opinion

1:05-CV-0930 AWI SMS HC.

August 22, 2005

ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. #4] ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS [Doc. #1] ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT

ANTHONY ISHII, District Judge

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On August 2, 2005, the Magistrate Judge issued Findings and Recommendation that recommended the petition be DISMISSED for failure to allege grounds that would entitle Petitioner to relief under 28 U.S.C. § 2254. The Magistrate Judge further recommended that the Clerk of Court be DIRECTED to forward a blank form for filing a civil rights action and to enter judgment. The Findings and Recommendation was served on all parties and contained notice that any objections were to be filed within thirty (30) days of the date of service of the order.

On August 12, 2005, Petitioner filed objections to the Findings and Recommendation.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file and having considered the objections, the Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the record and proper analysis, and there is no need to modify the Findings and Recommendations based on the points raised in the objections. In his objections, Plaintiff contends that the court should either resolve his civil rights claims in this habeas corpus action or demand the Kings County Superior Court issue further rulings regarding Plaintiff's claims. While the court is not unsympathetic to Plaintiff's frustration about having to file a different action, the court has no ability to hear Plaintiff's civil rights claims in this habeas corpus action. The remedy available in this court is a federal civil rights action.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendation issued August 2, 2005, is ADOPTED IN FULL;

2. The Petition for Writ of Habeas Corpus is DISMISSED;

3. The Clerk of Court is DIRECTED to send Petitioner a blank form for filing a civil rights action; and

4. The Clerk of Court is DIRECTED to enter judgment.

IT IS SO ORDERED.