(HC) Littleton v. Sacramento County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 MICHAEL LITTLETON, No. 2:22-cv-1159-EFB (HC) Petitioner, v. ORDER SACRAMENTO COUNTY, Respondent. 14 Petitioner is a county jail inmate proceeding without counsel. He commenced this action using a state court form for a petition for writ of habeas corpus. ECF No. 1. Since then, he has filed numerous declarations, supplements, and statements asserting various “claims” for relief. See ECF Nos. 3, 5, 6, 8, 9, 10. He also seeks leave to proceed in forma pauperis. ECF No. 12. It is unclear whether petitioner intends to proceed with this case as a habeas action pursuant to 28 U.S.C. § 2254 or as a civil rights action pursuant to 42 U.S.C. § 1983. Habeas petitions and civil rights complaints provide exclusive vehicles for relief and may not be pursued concurrently in a single action. See Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016) (holding that if a state prisoner’s claim would not necessarily lead to immediate or…