Jamison v. Haws

Filing 9

ORDER to Administratively Reopen Case No. 1:09-cv-00998 GSA (HC); ORDER to Re-File Petition in Case No. 1:09-cv-01283 GSA (HC) in Case No. 1:09-cv-00998 GSA (HC) as First Amended Petition; ORDER to Administratively Close Case No. 1:09-cv-01283 GSA (HC), signed by Magistrate Judge Gary S. Austin on 4/20/10. (CASE CLOSED)(Hellings, J)

1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 WARDEN HAWS, et al., 17 Respondents. 18 ) 19 20 21 22 23 24 25 26 27 28
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UNITED STATES DISTRICT COURT

DOUGLAS JAMISON, Petitioner,

v.

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1:09-CV-00998 GSA HC 1:09-CV-01283 GSA HC ORDER TO ADMINISTRATIVELY REOPEN CASE NO. "1:09-CV-00998 GSA HC" ORDER TO RE-FILE PETITION IN CASE NO. "1:09-CV-01283 GSA HC" IN CASE NO. "1:09-CV-00998 GSA HC" AS FIRST AMENDED PETITION ORDER TO ADMINISTRATIVELY CLOSE CASE NO. "1:09-CV-01283 GSA HC"

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has returned his consent/decline form in both of the above-listed cases indicating consent to Magistrate Judge jurisdiction. On May 26, 2009, Petitioner filed a federal habeas petition in the Sacramento Division of the United States District Court for the Eastern District of California. By order of the Court dated June 9, 2009, the case was transferred to the Fresno Division. Following a preliminary review of the petition, on June 30, 2009, the undersigned issued an order dismissing the petition and directing Petitioner to file an amended petition. He was instructed to reference the instant case number and title his document as "First Amended Petition." Petitioner timely filed his First Amended Petition and 1

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referenced the proper case number. Unfortunately, a new case was erroneously opened with the First Amended Petition and given case number 1:09-CV-01283 YNP [DLB] HC. That case was recently reassigned to the undersigned. After conducting an initial review, the error was discovered. ORDER Accordingly, the Court HEREBY ORDERS that: a. The Clerk of the Court SHALL ADMINISTRATIVELY RE-OPEN Case No. "1:09-CV-00998 GSA HC"; b. The Clerk of the Court SHALL RE-FILE the Petition in Case No. "1:09-CV-01283 GSA HC" into Case No. "1:09-CV-00998 GSA HC" and designate the petition as "First Amended Petition"; and c. The Clerk of the Court SHALL ADMINISTRATIVELY CLOSE Case No. "1:09-CV-01283 GSA HC." Pursuant to Local Rule 132, documentation submitted to the Court should be in caption form and include the appropriate case name and number.

IT IS SO ORDERED. Dated: 6i0kij

April 20, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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