Price

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROY RUSS, No. 18-cv-1154-AWI-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT GRANT PETITIONER

v. RELIEF FROM JUDGMENT AND VACATE

ORDER DISMISSING CASE

BRANDON PRICE, ECF Nos. 7, 9, 10 Respondent.

OBJECTIONS DUE IN 14 DAYS

16 Petitioner Roy Russ, a civil detainee confined at Coalinga State Hospital, sought a writ of habeas corpus under 28 U.S.C. § 2241. We recommended that the court dismiss the petition at screening without prejudice, see ECF No. 7 at 2, and the court summarily adopted our recommendation and entered judgment against petitioner, ECF Nos. 9, 10. Petitioner has not appealed. We nonetheless recommend that the court grant petitioner relief from judgment and vacate the order dismissing the petition. If the court adopts these recommendations, we will screen the petition again. A federal district court may apply Rule 60 of the Federal Rules of Civil Procedure in habeas…