IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

ABDUL AL-MUMIT ASAD SHARIFF, PETITIONER # 49732, a/k/a CHRISTOPHER THOMAS LEWIS

v. CIVIL ACTION NO. 1:23CV47-LG-BWR

BURL CAIN RESPONDENT

ORDER SEVERING NON-HABEAS CLAIMS

BEFORE THE COURT is pro se Petitioner Abdul Al-Mumit Asad Shariff, also known as Christopher Thomas Lewis’s Petition for Writ of Habeas Corpus [1]. He is incarcerated with the Mississippi Department of Corrections and brings this action under

, challenging his conviction. He seeks damages and release. The Court has considered and liberally construed the pleadings. To the extent Petitioner seeks release, he must pursue a writ of habeas corpus. Orellana v. Kyle,

(5th Cir. 1995). To the extent he seeks damages, then the case may be cognizable under

.

“If such a § 1983 complaint contains both habeas and § 1983 claims, the district court should separate the claims and decide the § 1983 claims.” Id. Therefore, the non-habeas claims are severed from this case. Rather than require him to file the civil rights claims again, the Court directs the Clerk of Court to file a copy of the Petition [1], application [2] to proceed in forma pauperis, Motion to Provide Tangible Documents [3], Motion to Compel and Compensate as a Court Appointed Expert Witness [4], and this Order and open a new case on the § 1983 claims for damages. The habeas claims for release remain. IT IS THEREFORE ORDERED AND ADJUDGED that, for the reasons

stated above, the non-habeas claims are SEVERED. The Clerk of Court shall open a new

civil action on the civil rights claims, and therein file a copy of the Petition [1], application [2] to proceed in forma pauperis, Motion to Provide Tangible Documents [3], Motion to Compel and Compensate as a Court Appointed Expert Witness [4], and this Order. The habeas claims shall proceed in the instant civil action. SO ORDERED AND ADJUDGED this the 27th day of February, 2023. Louis Guirola, Jr. s/ LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE

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