Lopez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID BENNETT, No. 2:23-CV-2885-TLN-CKD Petitioner, v. ORDER AND TOM LOPEZ, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a state pretrial detainee, is proceeding without counsel in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Also pending before the court are petitioner’s motions for injunctive relief as well as the appointment of counsel and a guardian ad litem to represent him in these proceedings. ECF Nos. 9, 11, 12, 13, 17, 22, 24, 29. For the reasons explained herein, the undersigned recommends granting respondent’s motion to dismiss petitioner’s habeas application without prejudice to refiling as a civil rights action. I. Factual and Procedural Background Petitioner is a pretrial detainee in county custody who is challenging three felony charges stemming from events that occurred on February 15, 2023. At an unspecified point during his state…