Fischer v. Sherman
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/23/15. The Clerk is directed to re-designate the 6/8/15 4 Findings and Recommendations as an order and to withdraw the assignment of a District Judge to this action. This action is DISMISSED without prejudice pursuant to Rule 4 of the Rules Governing Habeas Corpus cases under Section 2254. CASE CLOSED. (Manzer, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES DAVID FISCHER,
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No. 2:15-cv-1196 CKD P
Petitioner,
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v.
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STU SHERMAN,
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ORDER
Respondent.
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On June 8, 2015, the undersigned magistrate judge recommended that the petition be
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dismissed without prejudice, and directed the assignment of a district judge to review this
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recommendation. (ECF No. 4.) However, court records reveal that petitioner has filed a notice of
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consent to the jurisdiction of the undersigned magistrate judge for all purposes. 28 U.S.C.
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§636(c); Local Rule 302. (ECF No. 5.) As no respondent has been served, petitioner is the only
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party to this action. Having reviewed the docket, the undersigned concludes there is no basis for
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modifying its prior conclusion that this action should be dismissed.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Clerk of Court is directed to: (a) redesignate the undersigned’s findings and
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recommendations filed June 8, 2015 as an order; and (b) withdraw the assignment of a district
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judge to this action; and
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////
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2. For the reasons stated in this court’s order filed June 8, 2015, this action is dismissed
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without prejudice pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under Section
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2254.
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Dated: June 23, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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