(HC)Martinez
(HC)Martinez v. Secretary of California Department of Corrections and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CARLOS MARTINEZ, No. 1:22-cv-00805-JLT-SAB-HC Petitioner, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
v. PETITION FOR WRIT OF HABEAS
CORPUS WITHOUT PREJUDICE, AND
SECRETARY OF CALIFORNIA DIRECTING CLERK OF COURT TO SEND
DEPARTMENT OF CORRECTIONS PETITIONER PRISONER CIVIL RIGHTS
AND REHABILITATION, COMPLAINT Respondent. (Doc. 7) 17 The magistrate judge issued Findings and Recommendations, recommending the petition for writ of habeas corpus be dismissed because Petitioner’s claim is not cognizable in federal habeas corpus and declining to convert the petition as a civil rights complaint. (Doc. 7.) Petitioner filed timely objections. (Doc. 8.) Petitioner agrees with the Findings and Recommendations that he should have raised his claim in a § 1983 action. (Id. at 1.) However, Petitioner requests the Court convert this matter to a Section 1983 civil rights action and “permit…