San Nicolas v. Ayers

Filing 121

ORDER REFERRING 116 Respondent's Motion to Dismiss to Magistrate Judge Stanley A. Boone, signed by District Judge Lawrence J. O'Neill on 4/22/2014. Motion Hearing RESET for 4/24/2014 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY JESSE SAN NICOLAS,
Petitioner,

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v.
KEVIN CHAPPELL, as Warden of California
State Prison at San Quentin,

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Case No. 1:06-cv-00942 LJO-SAB
ORDER REFERRING RESPONDENT’S
MOTION TO DISMISS TO MAGISTRATE
JUDGE STANLEY A. BOONE
DATE: April 24, 2014
TIME: 9:30 a.m.
COURTROOM 9

Respondent.
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Respondent Kevin Chappell, as Warden of California State Prison at San Quentin (the

18 “Warden) filed a motion to dismiss Claim 1 of the Sealed Petition filed by Petitioner Rodney
19 Jesse San Niclolas (“San Nicolas”) on March 17, 2014 [ECF No. 116]. San Nicolas filed his
20 opposition on April 10, 2014 and the Warden filed his reply on April 17, 2014.
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The Court has reviewed the parties’ briefs and finds that the pending motion should be

22 referred to Magistrate Judge Stanley A. Boone for entry of Findings and Recommendations
23 pursuant to 28 U.S.C. § 636(B)(1)(b) and Federal Rule of Civil Procedure 72. The hearing in the
24 matter will proceed telephonically by toll-free teleconference on the date set.
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Accordingly, it is HEREBY ORDERED that:
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The pending motion to dismiss is REFERRED to Magistrate Judge
Stanley A. Boone;

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in Courtroom 4 shall be heard in Courtroom 9, telephonically; and

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The hearing set for April 24, 2014 before District Judge Lawrence O’Neill

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The parties are directed to notify Courtroom Deputy Clerk, Mamie

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Hernandez , if they intend to appear telephonically, so that a notation can be

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placed on the court calendar. The Courtroom Deputy Clerk will provide

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counsel with the toll-free teleconference number of [phone] and the

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teleconference code for the call.

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DATED: April 22, 2014

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/s/ Lawrence J. O’Neill
LAWRENCE J. O’NEILL
United States District Judge

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