(HC)Montenegro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JUAN M. MONTENEGRO, No. 1:20-cv-00684-NONE-EPG-HC Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, AND DECLINING TO ISSUE A

J. SULLIVAN, CERTIFICATE OF APPEALABILITY Respondent. (Doc. No. 5) 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 petitioner did not challenge any aspect of his underlying criminal conviction or sentence or the fact or duration of his confinement, but rather sought relief related to the quality of health care he allegedly has received while incarcerated, the assigned magistrate judge issued findings and recommendations on June 2, 2020, recommending that the petition be dismissed without prejudice to petitioner’s filing of a civil rights action under 42 U.S.C. § 1983, (Doc. No. 5.) The findings and recommendations were…