Opinion
CIVIL ACTION No. 11-3282.
August 15, 2011
ORDER
AND NOW, this 12th day of August, 2011, upon careful and independent consideration of Petitioner Robert Scott's pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus, and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey and Scott's objection thereto, it is ORDERED:
1. Thompson's objection to the Report and Recommendation is OVERRULED;
2. The Report and Recommendation is APPROVED and ADOPTED;
3. The petition for a writ of habeas corpus is DISMISSED;
4. There is no probable cause to issue a certificate of appealability; and,
5. The Clerk of the Court shall mark this case CLOSED.
In her Report and Recommendation (R R), Judge Hey recommends that Scott's habeas petition be dismissed because Scott is not challenging the constitutionality of his conviction but instead seeks reduction of a judgment entered against him in a civil lawsuit arising from the same conduct as his criminal conviction. Although Scott filed a self-style "objection" to the R R, he admits he does "not object to the basic content [of the R R] and conclusion that I am not entitled to habeas corpus review." Instead, Scott contends that he was given misinformation by the Court which led him to wrongly file a habeas petition instead of a civil lawsuit pursuant to 42 U.S.C. § 1983. He asks this Court to grant him permission to file a civil complaint and seeks legal advice on how to draft such a complaint. This Court cannot provide the legal advice Scott requests. The Court notes, however, that generally a person may file a civil lawsuit without leave of the court. Because Scott does not object to the substance of the R R, and because this Court does not have the power to grant the relief Scott seeks, Scott's objection to the R R are overruled.