(HC) McCoy v. Sacramento County Jail

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME ELI McCOY, No. 2:22-cv-2182 KJM DB P Petitioner, v. ORDER SACRAMENTO CO. JAIL, Respondent. 16 Petitioner, a pretrial detainee proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. §2254. In an order filed January 12, 2023, this court found that petitioner’s claims should be raised, if at all, in a civil rights action. Based on the differences between civil rights and habeas cases, this court recommended this action be dismissed without prejudice to its renewal as a civil rights action. Petitioner now seeks to convert this action to a civil rights action. However, it has come to the court’s attention that prior to filing the present action in December 2022, petitioner filed a separate habeas action in this court in which he makes the same allegations he makes here. That case is McCoy v. Sacramento Co. Jail, et al., 2:22-cv-1170 AC P. Petitioner recently informed 26 …