The following excerpt is from Gilchrist v. Yolo Cnty., No. 2:15-cv-1093 MCE DAD P (E.D. Cal. 2015):
On the same day that he filed this action using the court's form for civil rights complaints, plaintiff also filed a separate action styled as a petition for writ of habeas corpus. See Civil Action No. 2:15-cv-1094 JAM DAD P. It is clear that in both of these actions, plaintiff seeks only habeas relief in connection with a plea agreement in a state court criminal case; in neither action does he seek any type of relief available under the Civil Rights Act. "In cases where a prisoner's section 1983 complaint evinced a clear intention to state a habeas claim . . . the district court should treat the complaint as a habeas petition." Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir.1995). Plaintiff has filed a motion to proceed in forma pauperis only in this action; he has not filed one in the habeas action, No. 2:15-cv-1094 JAM DAD P, filed thereafter. Therefore, in the interest of judicial efficiency, the court will convert the civil rights complaint in this case to a petition for writ of habeas corpus, apply its finding under 28 U.S.C. 1915(a) to allow plaintiff (now a habeas petitioner in this case) to proceed in forma pauperis with his habeas action, and recommend that No. 2:15-cv-1094 JAM DAD P be dismissed as duplicative.1
II. Screening of Habeas Petition
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