(HC) Franks v. Superior Court of Stanislaus County

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TOM M FRANKS, Case No. 1:20-cv-00136-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT PETITIONER LEAVE TO

v. CONVERT PETITION TO CIVIL RIGHTS

ACTION UNDER 42 U.S.C. § 1983

SUPERIOR COURT OF STANISLAUS

COUNTY, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Given that success on Petitioner’s claims would not necessarily lead to his immediate or earlier release from confinement, 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…