(PC)Mitchell

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY D. MITCHELL, Jr., No. 2:21-cv-1475-KJM-EFB P Plaintiff, v. ORDER DANIEL E. CUEVA, Warden, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has filed an application to proceed in forma pauperis. ECF No. 2. Application to Proceed In Forma Pauperis Plaintiff’s application makes the showing required by 28 U.S.C. § 1915(a)(1) and (2). Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C. § 1915(b)(1) and (2). /////

1 The first few pages of plaintiff’s original filing consist of a pre-printed form petition for writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1 at 1-6. On page three, however, plaintiff makes clear that his intention is to file a civil rights lawsuit and not a habeas…