Shadden, Jr. v. Adams

Filing 16

ORDER DISMISSING 15 Motion for Clarification, signed by Magistrate Judge Sandra M. Snyder on 11/2/2010. Further filings in this case will be STRICKEN. (Marrujo, C)

(HC) Shadden, Jr. v. Adams

Doc. 16

1 2 3 4 5 6 7 8 9 10 11 12 THOMAS SHADDEN, JR., 13 Petitioner, 14 v. 15 DERRAL G. ADAMS, Warden, 16 Respondent. 17 18 Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. On March 8, 2010, he consented to have a Magistrate Judge conduct 20 all proceedings in this matter pursuant to 28 U.S.C. § 636(c). 21 On March 19, 2010, the undersigned issued an order dismissing the petition as successive to 22 a previously filed petition in case no. 1:09-CV-01610 BAK HC. On April 1, 2010, Petitioner filed a 23 notice of appeal. The appeal was processed to the Ninth Circuit Court of Appeal and on May 24, 24 2010, the appeal was denied. 25 On October 12, 2010, Petitioner filed the instant motion for clarification. With respect to 26 Petitioner complaint that he was entitled to have an Article III judge rule on his petition, he is 27 advised that he consented to have a Magistrate Judge conduct any and all proceedings, including 28
U . S . D is t r ic t C o u r t E. D . C a lifo r n ia cd

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) 1:10-CV-00298 SMS HC ORDER REGARDING PETITIONER'S MOTION FOR CLARIFICATION

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entry of final judgment, pursuant to 28 U.S.C. § 636(c). Petitioner is further advised this case is closed and the appeal has been denied. Accordingly, further filings in this case will be STRICKEN. IT IS HEREBY ORDERED that Petitioner's motion for clarification is DISMISSED.

IT IS SO ORDERED. Dated: icido3 November 2, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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