Opinion
4:23-CV-00475
03-21-2023
MICHAEL MYERS, Petitioner, v. SUPERINTENDENT HOUSER, Respondent.
ORDER
Matthew W. Brann Chief United States District Judge
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. The Petition, is DEEMED FILED. 2. The petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice to any right Petitioner may have to assert his conditions of confinement claims in a properly filed civil rights action. 3. Petitioner's motion for leave to proceed in forma pauperis is DISMISSED as moot. 4. A certificate of appealability is DENIED. 5. The Clerk of Court is directed to CLOSE this case.