(PC) Easley v. Strain/Hall

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA STEVEN JEROME EASLEY, No. 2:20-cv-0103-EFB P 12 Petitioner, 13 v. ORDER TYWANDA STRAIN/HALL, et al., 15 Respondents.

17 Petitioner is a county inmate without counsel. This action was opened when he filed a document labeled both a “writ of habeas corpus” and a “federal civil complaint.” ECF No. 1 at 1, 12, 16. It is unclear whether he intends 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. Habeas petitions and civil rights complaints provide exclusive vehicles for relief and may not be pursued concurrently in a single action. See Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016) (holding that if a state prisoner’s claim would not necessarily lead to immediate or speedier release, it may not be brought in habeas corpus but must be brought, if at all, under § 1983).

25 Accordingly, it is hereby ORDERED that: 26 1. The Clerk of the Court is directed to send petitioner the court’s forms for an 27 application for writ of habeas corpus and for a civil rights complaint pursuant to 42 28 U.S.C. § 1983.

1 2. Petitioner shall file either a petition for writ of habeas corpus or a civil rights 2 complaint within 30 days of the date of this order.

3 3. Failure to comply with this order may result in the dismissal of this action.

4 | DATED: January 27, 2020.

5 tid, PDEA EDMUND F. BRENNAN 6 UNITED STATES MAGISTRATE JUDGE