(HC) Juarez v. Eastern District of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN MANUEL JUAREZ, Case No. 1:21-cv-01277-HBK Petitioner, ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS TO

EASTERN DISTRICT OF CALIFORNIA, DISMISS PETITION FOR FAILURE TO

STATE A CLAIM1

Respondent. (Doc. No. 1)

FOURTEEN-DAY OBJECTION PERIOD

ORDER DIRECTING CLERK TO PROVIDE

PETITIONER WITH § 1983 COMPLAINT

FORM

20 Petitioner Juan Manuel Juarez, a state prisoner proceeding pro se, initiated this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 on August 23, 2021. (Doc. No. 1, Petition). Although submitted on a habeas corpus form, Petitioner’s claims are properly pursued via a civil rights complaint under 42 U.S.C. § 1983. The undersigned recommends that the Petition be dismissed for failure to state a cognizable claim and Petitioner be permitted to pursue his claim in a new action filed under 42 U.S.C. § 1983. 27 1…