(HC) Littleton v. Sacramento County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LITTLETON, No. 2:22-cv-01159-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SACRAMENTO COUNTY, Respondent. 16 Petitioner is a county jail inmate without counsel. This action was opened when he filed a state court form for a petition for writ of habeas corpus. ECF No. 1. He subsequently filed numerous declarations, supplements, and statements asserting various “claims” for relief. See ECF Nos. 3, 5, 6, 8, 9, 10. It was unclear from these filings whether petitioner intended 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. On August 11, 2022, the court informed petitioner that habeas petitions and civil rights complaints provide exclusive vehicles for relief and may not be pursued concurrently in a single action. Nettles v. Grounds,830 F.3d 922, 931 (9th Cir. 2016) (holding that if a state prisoner’s claim…