Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CYMEYON HILL, No. 2:20-cv-00963-TLN-CKD P Petitioner, v. ORDER AND RALPH M. DIAZ, FINDINGS AND RECOMMENDATIONS Respondent. 16 On April 27, 2020, petitioner filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. However, before the court could review the petition to determine if an answer was required, petitioner filed an amended civil rights complaint pursuant to 42 U.S.C. § 1983. See Rule 4, Rules Governing Section 2254 Cases. The undersigned has reviewed the contents of petitioner’s amended pleading and recommends that this habeas corpus case be dismissed without prejudice to refiling as a civil rights action. As an initial matter, examination of petitioner’s in forma pauperis application reveals that he is able to afford the costs of this suit. Accordingly, petitioner’s motions to proceed in forma pauperis will be denied. See 28 U.S.C. § 1915(a). /////…