Ponce v. Baughman

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 05/24/18 GRANTING 2 Motion to Proceed IFP. The clerk of the court is directed to randomly assign a District Judge and to update the docket to reflect the new case number. U.S. District Judge Kimberly J. Mueller is randomly assigned to this action. The new case number is 2:17-cv-450 KJM CMK (HC). (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CARLOS ESPARZA PONCE,

12

No. 2:17-cv-0450-CMK-P

Petitioner,

13

vs.

14

D. BAUGHMAN,

15

ORDER

Respondent.
/

16
17

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

18

habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s petition for

19

a writ of habeas corpus (Doc. 1).

20

Petitioner seeks leave to proceed in forma pauperis. Petitioner has submitted the

21

affidavit required by 28 U.S.C. § 1915(a) showing that petitioner is unable to prepay fees and

22

costs or give security therefor. The request will be granted.

23

In addition, pursuant to Eastern District of California Local Rules, this case was

24

not assigned to a District Judge when the case was filed. All parties have not consented to

25

Magistrate Judge jurisdiction and the court now finds that assignment of a District Judge is

26

necessary to properly address the case.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

Petitioner’s motion for leave to proceed in forma pauperis (Doc. 2) is

2.

The Clerk of the Court is directed to randomly assign a District Judge and

3
4
5

granted; and

to update the docket to reflect the new case number.

6
7
8
9

DATED: May 24, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2