Knanishu v. Spearman

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 4/11/14 ORDERING that this action is reassigned to Magistrate Judge Craig M. Kellison for all further proceedings; henceforth, the caption on documents filed in this action shall be shown as No. 2:14-cv-0579 CMK P; and the Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH KHANISHU,

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Petitioner,

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No. 2:14-cv-0579 TLN AC P

v.

ORDER

WARDEN SPEARMAN,

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Respondent.

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Petitioner’s initial filing in this case was dismissed with leave to amend for, inter alia,

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petitioner’s failure to identify the nature of the conviction he was challenging or the length of his

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sentence. See Order at ECF No. 7. Petitioner filed an amended petition on April 3, 2014. ECF

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No. 10. Examination of the amended petition and the court’s records reveals that the petitioner

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has previously filed a petition for relief in the same matter: Case No. 2:10-cv-2171 CMK P.

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Pursuant to Local Rule 190(d), the above-captioned action is to be reassigned to the Judge and

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Magistrate Judge who considered the prior petition.1
The parties should be aware that reassigning this action under Local Rule 190(d) merely

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has the result that the action is assigned to the Magistrate Judge who considered the prior petition;

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no consolidation of the actions is effected.

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In the prior petition, there was no District Judge assignment as the parties therein consented to
the jurisdiction of the Magistrate Judge.
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Accordingly, IT IS HEREBY ORDERED that:

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1. This action is reassigned to Magistrate Judge Craig M. Kellison for all further

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proceedings; henceforth, the caption on documents filed in this action shall be shown as No. 2:14-

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cv-0579 CMK P; and

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2. The Clerk of the Court shall make appropriate adjustment in the assignment of civil

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cases to compensate for this reassignment.

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DATED: April 11, 2014

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