Smith v. Mims et al

Filing 8

SECOND ORDER DIRECTING Petitioner to File Consent/Decline Form signed by Magistrate Judge Gary S. Austin on 6/12/2014. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CLEVELAND SMITH, 12 Petitioner, 13 14 Case No. 1:14-cv-00841 GSA HC SECOND ORDER DIRECTING PETITIONER TO FILE CONSENT/DECLINE FORM v. MARGARETTE MIMS, 15 ORDER DIRECTING CLERK OF COURT TO SEND PETITIONER BLANK CONSENT/DECLINE FORM Respondent. 16 [FIFTEEN DAY DEADLINE] 17 18 Petitioner is a state prisoner proceeding pro se with a petitioner for writ of habeas corpus 19 pursuant to 28 U.S.C. ยง 2254. 20 On June 3, 2014, the Court ordered Petitioner to complete and return within thirty days 21 the form indicating consent or decline to the jurisdiction of the Magistrate Judge. On June 11, 22 2014, Petitioner returned two forms, one indicating consent to the jurisdiction of the Magistrate 23 Judge, and one indicating decline. Petitioner is advised that he must choose one or the other. 24 /// 25 /// 26 /// 27 /// 28 /// 1 ORDER 1 2 Accordingly, IT IS HEREBY ORDERED: 3 1) The Clerk of Court is DIRECTED to send Petitioner a blank consent/decline form; and 4 2) Petitioner is DIRECTED to complete and return the consent/decline form within 5 fifteen (15) days of the date of service of this order. 6 7 8 IT IS SO ORDERED. Dated: June 12, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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