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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COTTRELL BROADNAX, No. 1:23-cv-00064-ADA-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DISMISS PETITION

v. [FOURTEEN DAY DEADLINE] 14 CDCR, et al., 15 Respondents.

17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He commenced this action on December 23, 2022, by filing a Kern Valley State Prison “Canteen Order Form” in the United States District Court for the Northern District of California. (Doc. 1.) Petitioner then filed a civil rights complaint on January 11, 2023. (Doc. 5.) On January 13, 2023, the District Court for the Northern District transferred the case to the Eastern District because Petitioner is incarcerated in Kern County. (Doc. 7.) Since Petitioner had filed a civil rights complaint, the case was determined to be a civil rights action and assigned to Magistrate Judge Gary Austin. On September 8, 2023, Magistrate Judge Austin…