Polk v. Lattimore et al

Filing 72

ORDER Denying Plaintiff's 71 Motion to Correct Order signed by Magistrate Judge Barbara A. McAuliffe on 09/09/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SUSAN MAE POLK,

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ORDER DENYING PLAINTIFF’S MOTION
TO CORRECT ORDER

Plaintiff,

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Case No. 1:12-cv-01156 AWI-BAM-PC

v.
(ECF NO. 71)
M. LATTIMORE, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C.
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§ 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
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636(1)(B) and Local Rule 302.
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On August 17, 2015, an order was entered, reassigning this action to the undersigned due
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to the retirement of U.S. Magistrate Judge Gary S. Austin. On August 31, 2015, Plaintiff filed a
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motion to correct the order of reassignment. Plaintiff indicates that since she has declined
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magistrate judge jurisdiction, this case was incorrectly reassigned to a magistrate judge. Plaintiff
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is advised that because she declined magistrate judge jurisdiction, this case is assigned to a U.S.
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District Judge. Regardless of Plaintiff’s decline of magistrate judge jurisdiction, the U.S. District

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Judge properly referred this case to a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B)
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and Local Rule 302. U.S. District Judge Anthony W. Ishii continues as the assigned judge in this
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case, and will continue to refer certain matters to the U.S. Magistrate Judge assigned to the case
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pursuant to Local Rule 302.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to correct the order of

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August 27, 2015, is denied.
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Dated:
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/s/ Barbara

September 9, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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