Rice v. Matevousian et al

Filing 12

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. § 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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