IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 27, 2012
GEORGE R. PALOMAR II, PLAINTIFF,
BRADLEY D. HARTUNG, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief pursuant to 42 U.S.C. § 1983. On November 6, 2012, plaintiff was granted an additional 30 days to file and serve a second amended complaint. (Dkt. No. 22.) On November 19, 2012, plaintiff filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and a motion to "change the vehicle" of his litigation to a petition for writ of habeas corpus.*fn1 (Dkt. No. 23, 24.) The court construes this as a motion to dismiss the instant civil rights action and re-file the petition in a new action brought pursuant to § 2254. See Fed. R. Civ. P. 41(a).
In accordance with the above, IT IS HEREBY ORDERED THAT:
1. Plaintiff's motion to change the case to a petition for writ of habeas corpus (Dkt. No. 23) is granted;
2. This action is dismissed.
3. The Clerk of Court shall docket the petition for writ of habeas corpus (filed in this action as Dkt. No. 24) in a new action pursuant to 28 U.S.C. § 2254.