(PC) Dauwalder v. Moeller

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL DAUWALDER, No. 1:25-cv-00665-SAB (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED 13 v. (ECF No. 8) 14 DANIEL MOELLER, et al., 15 Defendants. 16 17 18 On June 3, 2025, Plaintiff filed the instant action pro se pursuant to 42 U.S.C. § 1983. 19 On June 5, 2025, then-assigned Magistrate Judge Gary A. Austin issued an order 20 reassigning this case because the civil rights complaint challenges his release from custody-cases 21 of which he does not handle. (ECF No. 4.) It was specifically determined that “in order for 22 Plaintiff to obtain release from custody earlier than his new projected September 2025 date, he 23 must seek relief under 28 U.S.C. § 2254, the habeas statute after first exhausting his state court 24 remedies. See Correa v. Shaffer, No. 2:23-cv-00739 TLN KJN P, 2023 WL 8850557, at *8 (E.D. 25 Cal. Dec. 21, 2023), report and recommendation adopted, No. 2:23-cv-00739 TLN KJN P, 2024 26 WL 774924 (E.D. Cal. Feb. 26, 2024) (stating same).” (Id. at 3.) 27 On June 6, 2025, the Court directed Plaintiff to file a written response indicating whether 28 he wishes (1) the Court to convert this § 1983 civil rights action into one filed under 28 U.S.C. § 1 | 2254; or (2) for the Court to dismiss this complaint, without prejudice. (ECF No. 5.) 2 On June 20, 2015, Plaintiff filed a response stating that he is “seeking leaver to amend my 3 | complaint and delete the ‘Request for Immediate Release” and Replace it with “seeking action of 4 | invalidation of state procedure to deny parole eligibility...and parole suitability.” (ECF No. 7.) 5 | Plaintiff requests the Court send him a blank section 1983 complaint and notes that he has sent 6 | the filing fee. (d.) 7 On June 23, 2025, the Court send Plaintiff a blank civil rights complaint form and granted 8 | Plaintiff thirty days to complete and submit a civil rights complaint form in order for this action to g | proceed. (ECF No. 8.) Plaintiff has failed to comply with the Court’s order and the time to do so 10 | has passed. Accordingly, it is HEREBY ORDERED that within fourteen (14) days Plaintiff 11 | Shall show cause why this action should not be dismissed, without prejudice, for failure to 12 | Prosecute and failure to comply with a court order. Plaintiffs failure to comply with this order 13 will result in a recommendation to dismiss the action for the reasons stated above. IT IS SO ORDERED. 15 OF eg. ee Dated: _ August 5, 2025 16 STANLEY A. BOONE 7 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28