Hayes v. D.K. Sisto

Filing 16

RELATED CASE ORDER signed by Judge William B. Shubb on 1/19/2010 ORDERING that the action denominated Civ. No. 2:09-2433 GEB EFB shall be reassigned to the Honorable William B. Shubb and Magistrate Judge John F. Moulds for all further proceedings; the caption shall be Civ. No. 2:09-2433 WBS JFM; the Clerk is directed to make the appropriate adjustment for this reassignment. (Suttles, J)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLARENCE JOSEPH HAYES, vs. Petitioner, CIV. NO. 09-2433 GEB EFB vs. CLARENCE JOSEPH HAYES, Petitioner CIV. NO. 2:07-2755 WBS JFM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- DEBERA DEXTER, Warden, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Respondent. _________________________________/ RELATED CASE ORDER D.K. Sisto, Respondent. _________________________________/ ----oo0oo---Examination of the above-entitled actions reveals that these actions are related within the meaning of Local Rule 83123(a) because the petitions in both cases challenge the same conviction. Accordingly, the assignment of the matters to the same district judge and magistrate judge is likely to effect a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 substantial saving of judicial effort and is also likely to be convenient for the parties. The parties should be aware that relating the cases under Local Rule 83-123 merely has the result that both actions are assigned to the same district judge and magistrate judge; no consolidation of the actions is effected. Under the regular practice of this court, related cases are generally assigned to the judge and magistrate to whom the first filed action was assigned. IT IS THEREFORE ORDERED that the actions denominated Hayes v. Dexter, Civ. No. 2:07-2755 WBS JFM, and Hayes v. Sisto, Civ. No. 2:09-2433 GEB EFB be, and the same hereby are, deemed related and the case denominated Hayes v. Sisto, Civ. No. 2:092433 GEB EFB, shall be reassigned to the Honorable WILLIAM B. SHUBB and Magistrate Judge JOHN F. MOULDS for all further proceedings. Any dates currently set in the reassigned case Henceforth, the caption on documents only are hereby VACATED. filed in the reassigned case shall be shown as Hayes v. Sisto, Civ. No. 2:09-2433 WBS JFM. IT IS FURTHER ORDERED that the Clerk of the Court make appropriated adjustment in the assignment of civil cases to compensate for this reassignment. DATED: January 19, 2010 2

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