Torres v. Havilland

Filing 77

ORDER signed by Magistrate Judge Allison Claire on 04/03/14 ordering the clerk of the court shall strike the first amended petition 76 from the docket of this closed case; Open a new case and file the first amended petition in the new habeas proce eding (New case number is 2:14-cv-842 MCE AC P). Assign the new case to District Judge Morrison C. England Jr. and Magistrate Judge Allison Claire. Make appropriate adjustment in the assignment of civil cases to compensate for this additional assignment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE RAMIREZ TORRES,

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Petitioner,
v.

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No. 2:09-cv-0531 MCE AC P

ORDER

MARION SPEARMAN, Warden,
Respondent.

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This petition for writ of habeas corpus was dismissed without prejudice by Order, filed on

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September 18, 2013, the case was closed and judgment was entered accordingly. Petitioner has

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now filed a first amended petition on April 2, 2014 in this closed case, which must be stricken

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and re-opened as a new case.

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Accordingly, IT IS ORDERED that the Clerk of the Court:

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1. Strike the first amended petition, ECF No. 76, from the docket of this closed case;

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2. Open a new case and file the first amended petition in the new habeas proceeding;

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3. Assign the new case to District Judge Morrison C. England, Jr., and Magistrate Judge

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Allison Claire. See L.R. 190(d);

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4. Make appropriate adjustment in the assignment of civil cases to compensate for this

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additional assignment.

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DATED: April 3, 2014

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