Opinion
No. 1:18-cv-00727-DAD-SKO HC
08-06-2018
JESUS CHIPREZ, Petitioner, v. M.E. SPEARMAN, Respondent.
ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS
(Doc. No. 14)
ORDER DIRECTING CLERK OF COURT TO CONVERT CASE TO CIVIL RIGHTS ACTION PURSUANT TO 42 U.S.C. § 1983
Petitioner Jesus Chiprez is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court referred the matter to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.
On May 21, 2018, Petitioner filed the instant petition for writ of habeas corpus, wherein Petitioner challenges a prison disciplinary proceeding in which he was found guilty of threatening to kill a corrections officer's immediate family. On July 16, 2018, the Magistrate Judge issued Findings and Recommendations recommending Petitioner's habeas petition be converted to a civil rights action under 42 U.S.C. § 1983. (Doc. 14.)
On July 27, 2018, Petitioner submitted a document entitled, "To convert Petition for Writ of Habeas Corpus to Civil Rights Action Under 42 U.S.C. § 1983," in which he "hereby voluntarily consent[ed]" to the Court converting his petition under § 2254 to a petition under § 1983. (Doc. 15.)
Accordingly, pursuant to Petitioner's request to convert the petition to a civil rights action, the undersigned hereby WITHDRAWS the findings and recommendations filed May 21, 2018.
Further, the Court hereby ORDERS:
1. The Clerk of Court is DIRECTED to convert the instant case to a civil rights action pursuant to 42 U.S.C. § 1983.IT IS SO ORDERED. Dated: August 6 , 2018
2. The Clerk's Office shall send Petitioner a copy of this order and forms for: (1) a Complaint under the Civil Rights Act, 42 U.S.C. § 1983, and (2) an Application to Proceed In Forma Pauperis by a Prisoner.
3. Within twenty-one (31) days of service of this order, Petitioner shall file his Complaint pursuant to 42 U.S.C. § 1983.
/s/ Sheila K . Oberto
UNITED STATES MAGISTRATE JUDGE