Case Information
*1 Case 1:14-cv-01765-LJO-MJS Document 12 Filed 03/10/15 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA RICKY HICKS, CASE NO. 1:14-cv-01765-LJO-MJS (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS v. COMPLAINT FOR FAILURE TO STATE A CLAIM AND REQUIRE PLAINTIFF TO AUDREY KING, et al., FILE A HABEAS PETITION OR NOTICE OF VOLUNTARY DISMISSAL Defendants. (ECF No. 11) 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 February 3, 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 *2 Case 1:14-cv-01765-LJO-MJS Document 12 Filed 03/10/15 Page 2 of 2 dismissal. (ECF No. 11.) 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 February 3,
2015 (ECF No. 11), in full; 2. Plaintiff’s complaint (ECF No. 1) 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: March 9, 2015 /s/ Lawrence J. O’Neill UNITED STATES DISTRICT JUDGE
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