Opinion
20-cv-12910
11-15-2022
ORDER DIRECTING CLERK'S OFFICE TO CHANGE NATURE OF SUIT
GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE
On October 29, 2020, Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is represented by counsel, who styled this action as “890 Other Statutory Actions.” Because Petitioner is attacking his state criminal conviction and sentence, this was improper. The Clerk's office SHALL change the cause and nature of the suit to a habeas corpus action, “530.” See Hersey v. Carlson, No. 1:07-cv-906, 2007 U.S. Dist. LEXIS 99243, at *1 (W.D. Mich. Oct. 11, 2007) (directing clerk of court to change nature of suit from civil rights action to habeas proceeding).
SO ORDERED.