Johnson v. Department of Corrections & Rehabilitation et al
| John L. Johnson, Jr. |
| Department of Corrections & Rehabilitation and Board of Prison Terms |
| 2:2010cv01084 |
| May 3, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Gregory G. Hollows |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
4
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/3/2010 ORDERING that ptnr (but not as pltf) is GRANTED 2 leave to proceed IFP; to the extent that ptnr has attempted to proceed both to 28 U.S.C. § 2254 and under 42 U.S.C. § 1983, his action under § 1983 is STRICKEN from the instant petition; the court's having found that ptnr as pltf has not framed a colorable claim under § 1983, should he seek to proceed in a civil rights actio n, he must file a separate case; the clerk to send a copy of these F&R w/ a copy of the petition on the AG; the clerk to assign a district judge to this case; and RECOMMENDING that ptnr's application for a writ of hc be dismissed. Assigned and Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 14 days. (cc: Michael Farrell) (Yin, K)
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