Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RUDOLPH ELLIS, Case No. 1:20-cv-00134-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT PETITIONER LEAVE TO

v. CONVERT PETITION TO CIVIL RIGHTS

ACTION UNDER 42 U.S.C. § 1983

RALPH DIAZ,

Respondent. ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

16 Petitioner Rudolph Ellis is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Given that the instant petition challenges conditions of confinement and thus, is not cognizable in federal habeas corpus, the undersigned recommends that Petitioner be granted leave to convert his petition for writ of habeas corpus to a civil rights action under 42 U.S.C. § 1983. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a…