(HC) Shah v. Alpine County Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO SHAH, No. 2:21-cv-0232 AC P Petitioner, v. ORDER AND FINDINGS &
RECOMMENDATIONS
ALPINE COUNTY SUPERIOR COURT, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed February 9, 2021, the undersigned found that the petition failed to state a cognizable habeas claim and gave petitioner the option of either voluntarily dismissing the petition or converting this action to a civil rights complaint. ECF No. 7. In the event petitioner chose to convert the action, he was required to submit an amended complaint that named a proper party and either an application to proceed in forma pauperis or the remaining $396.00 in filing fees. Id. at 2. The time for responding to the order has passed, and petitioner has taken no action. The court therefore assumes that petitioner has chosen to stand on his original habeas…