Rice v. Matevousian et al
Filing
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ORDER CORRECTING ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS FOR FAILURE TO STATE A COGNIZABLE CLAIM 11 signed by Magistrate Judge Michael J. Seng on 4/24/2017. CASE CLOSED. (Lundstrom, T)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:17-cv-00123-MJS (HC)
DONALD TERRELL RICE,
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v.
ORDER CORRECTING ORDER
Petitioner, DISMISSING PETITION FOR WRIT OF
HABEAS CORPUS FOR FAILURE TO
STATE A COGNIZABLE CLAIM
(ECF No. 11)
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CLERK TO CLOSE CASE
ANDRE MATEVOUSIAN,
Respondent.
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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas
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corpus under the authority of 28 U.S.C. ยง 2241. Respondent Andre Matevousian,
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warden of U.S. Penitentiary, Atwater, is represented by Karen Escobar of the Office of
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the United States Attorney. Both parties have consented to Magistrate Judge jurisdiction.
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(ECF Nos. 4, 6.)
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On April 17, 2017, the Court issued an order dismissing the petition for writ of
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habeas corpus for failure to state a claim. (ECF No. 11.) The caption of the order
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erroneously stated that the parties had thirty days to file objections. (ECF No. 11 at 1.)
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However, the matter is before the undersigned on the consent of the parties. (ECF Nos.
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4, 6.) Accordingly, no objections will be had.
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Based on the foregoing, it is HEREBY ORDERED that:
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1. The order dismissing the petition is CORRECTED to reflect that objections
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will not be had; and
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2. The Clerk of Court is directed to close the case.
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IT IS SO ORDERED.
Dated:
April 24, 2017
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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