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Mix v. King

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jul 13, 2015
CASE NO. 1:15-cv-00721-LJO-MJS (PC) (E.D. Cal. Jul. 13, 2015)

Opinion

CASE NO. 1:15-cv-00721-LJO-MJS (PC)

07-13-2015

ROBERT MIX, Plaintiff, v. AUDREY KING, et al., Defendants.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM AND REQUIRE PLAINTIFF TO FILE A HABEAS PETITION OR NOTICE OF VOLUNTARY DISMISSAL

(ECF No. 5)

CLERK TO SEND PLAINTIFF HABEAS PETITION FORM

CASE TO REMAIN OPEN

THIRTY (30) DAY DEADLINE

Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern District of California.

On June 22, 2015, the Magistrate Judge issued findings and recommendations to dismiss Plaintiff's complaint for failure to state a claim, and to require Plaintiff to file, within thirty days, either a petition for a writ of habeas corpus or a notice of voluntary dismissal. (ECF No. 5.) Plaintiff filed no objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendation to be supported by the record and by proper analysis.

Accordingly, it is HEREBY ORDERED that:

1. The Court adopts the findings and recommendations, filed on June 22, 2015 (ECF No. 5), in full;

2. Plaintiff's complaint (ECF No. 2) is DISMISSED for failure to state a claim;

3. The Clerk's Office is directed to send Plaintiff a habeas petition form; and

4. Plaintiff is required to file a habeas petition or a notice of voluntary dismissal within thirty (30) days of the date of this order.
IT IS SO ORDERED.

Dated: July 13 , 2015

/s/ Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE


Summaries of

Mix v. King

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jul 13, 2015
CASE NO. 1:15-cv-00721-LJO-MJS (PC) (E.D. Cal. Jul. 13, 2015)
Case details for

Mix v. King

Case Details

Full title:ROBERT MIX, Plaintiff, v. AUDREY KING, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 13, 2015

Citations

CASE NO. 1:15-cv-00721-LJO-MJS (PC) (E.D. Cal. Jul. 13, 2015)