Shnider

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRIS WAMALWA KIBUNGUCHY, No. 2:20-cv-0495 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SMY SHNIDER, et al., Respondents. 16 Petitioner is a former state prisoner proceeding pro se. He is currently on parole at Atascadero State Hospital (“ASH”). Petitioner originally filed this action as a habeas petition. (ECF No. 1.) He also filed a motion to proceed in forma pauperis. (ECF No. 7.) Shortly thereafter, petitioner filed a civil rights complaint. (ECF No. 9.) A review of both pleadings shows that this case is more appropriately a civil rights case. However, for the reasons set forth below, plaintiff’s claim is not cognizable under 42 U.S.C. § 1983 and should be dismissed without leave to amend. IN FORMA PAUPERIS Petitioner filed a motion to proceed in forma pauperis which, while not entirely clear, indicates he has sufficient funds to pay the filing fee in this action. (ECF…