Opinion
2:21-cv-00890-TLN-JDP (HC)
06-08-2022
NORMAN JOHN CRAIG, Petitioner, v. JOHN D'AGOSTINI AND VERN PIERSON Respondents.
ORDER DIRECTING PETITIONER TO CONFIRM VOLUNTARY DISMISSAL WITHIN TWENTY-ONE DAYS ECF NO. 16
JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE.
Petitioner has submitted filings that make it difficult to tell whether he intends for this action to proceed as a habeas petition or a section 1983 suit. On March 10, 2022, I directed him to settle the issue by submitting either a section 1983 complaint or an amended habeas petition. ECF No. 15. Petitioner elected to do neither, instead submitting a request that two separate cases, Craigv. Eskin, 2:21-cv-01116-GGH and Craigv. D'Agostini, 2:21-cv-01198-TLN-DMC, be allowed to proceed. ECF No. 16. I cannot decide matters that are not before me. Any requests related to these cases will need to be filed on those cases' dockets.
I note that Craig v. Eskin has been transferred to the Central District of California.
Most importantly for this case, petitioner states that the above-referenced other cases suffice both to attack the validity of his conviction and to raise his section 1983 claims. ECF No. 16 at 1. According, he requests that he be permitted to proceed with his other cases in lieu of filing a new complaint or an amended habeas petition. Id. Although plaintiffs filing suggests an intention to voluntarily dismiss this action, out of an abundance of caution, the court will grant him one final opportunity to clarify how, if at all, he would like to proceed with this case.
Accordingly, it is hereby ORDERED that:
1. Within twenty-one days of the date of this order, plaintiff shall file:
a. a section 1983 complaint;
b. an amended habeas petition; or
c. a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure.
2. Plaintiff is warned that failure to comply with any part of this order will result in a recommendation that this action be dismissed.
3. The Clerk of Court is directed to send plaintiff a form complaint and form habeas petition.
IT IS SO ORDERED.