Opinion
Civil Action 3:24-CV-00247-GHD-RP
08-28-2024
MICHAEL KINCAID SHIPP PETITIONER v. BURL CAIN, et al. RESPONDENTS
ORDER CONVERTING CIVIL RIGHTS ACTION TO A HABEAS ACTION
ROY PERCY, UNITED STATES MAGISTRATE JUDGE
Mississippi inmate Michael Kincaid Shipp, proceeding pro se, filed the instant civil rights complaint under 42 U.S.C. § 1983 in the Southern District of Mississippi. See Doc. # 1. Although filed as a § 1983 action, the nature of the claims alleged, and relief sought is more appropriately presented as a federal habeas action under 28 U.S.C. § 2254. This is so because Shipp does not complain about the conditions of his confinement. Instead, he takes issue with the underlying state-court conviction and sentence for which he is currently incarcerated.
Thus, the Clerk of Court is DIRECTED to mail Shipp the Court's standard form for § 2254 petitions and to take such administrative actions as necessary to properly categorize this action as such. Shipp is DIRECTED to complete and return the enclosed habeas form within twenty-one (21) days from the date of this Order. Shipp is further directed to acknowledge receipt of this order by signing the enclosed acknowledgment form and returning it to the Court within fourteen (14) days of this date. Shipp is also warned that his failure to comply with the requirements of this order may lead to the dismissal (without prejudice) of his petition for failure to prosecute and for failure to comply with an order of the Court.
Lastly, the Clerk of Court is DIRECTED to TERMINATE Shipp's Motion to Change Venue (Doc. # 3) as that motion was rendered moot when the Southern District transferred the cause to this District.
SO ORDERED.