DeSpenza v. Los Angeles County District Attorney's Office

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/2014 VACATING 10 Judgment, 9 Order and 4 Order and Findings and Recommendations. The Clerk is DIRECTED to RE-OPEN this action, remove the assignment of the district judge to this case and change petitioner's address as set forth in the 6 Consent. CASE REOPENED.(Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROSS H. DE SPENZA,

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No. 2:14-cv-1212 KJM KJN P

Petitioner,
v.

ORDER

DISTRICT ATTORNEY, LOS ANGELES
COUNTY STATE OF CALIFORNIA,
Respondents.
Petitioner, a state prisoner proceeding without counsel, and in forma pauperis, filed a

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motion styled, Motion for Order for Statute Enforcement.” (ECF No. 1.) The matter was referred

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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 9, 2014, the undersigned filed findings and recommendations herein which were

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served on petitioner and which contained notice to petitioner that any objections to the findings

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and recommendations were to be filed within fourteen days. Subsequently, petitioner consented

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to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). On June 23, 2014,

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petitioner filed a second consent to proceed before the undersigned for all purposes.

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On July 11, 2014, the undersigned denied petitioner’s motion for the reasons stated in the

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findings and recommendations, and judgment was entered. However, during the processing of

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this order, petitioner filed objections to the findings and recommendations. Therefore, the order

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is vacated so that the undersigned can review petitioner’s objections.
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In light of petitioner’s consent, the June 9, 2014 findings and recommendations and order

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directing the Clerk of the Court to assign a district judge are vacated, and the Clerk of the Court is

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directed to remove the assignment of this case to the district court. In addition, petitioner was

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recently transferred to San Quentin; thus, the Clerk is directed to change petitioner’s address as

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set forth in his June 23, 2014 filing. (ECF No. 6 at 1.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 11, 2014 order and judgment (ECF Nos. 9, 10) are vacated;

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2. The June 9, 2014 findings and recommendations and order directing the Clerk of the

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Court to assign a district judge (ECF No. 4) are vacated; and

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3. The Clerk of the Court is directed to re-open this action, remove the assignment of the

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district judge to this case, and change petitioner’s address as set forth in his June 23, 2014 filing.

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(ECF No. 6 at 1.)

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Dated: July 18, 2014

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/desp1212.reo

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