Dotson v. Harris

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/2017 VACATING 4 Order directing Clerk to assign a district judge. This action is dismissed and the Court declines to issue a certificate of appealability. CASE CLOSED. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CHARLES A. DOTSON,

12
13
14
15

No. 2: 17-cv-0874 KJN P

Petitioner,
v.

ORDER

KAMALA HARRIS,
Respondent.

16
17

Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas

18

corpus pursuant to 28 U.S.C. § 2254. On May 16, 2017, the undersigned recommended that this

19

action be dismissed based on petitioner’s failure to exhaust state court remedies. (ECF No. 4.)

20

The undersigned also directed the Clerk of the Court to assign a district judge to this action. (Id.)

21

The findings and recommendations granted petitioner fourteen days to file objections. (Id.)

22

Fourteen days passed and petitioner did not file objections.

23

On May 18, 2017, petitioner filed a notice consenting to the jurisdiction of the

24

undersigned. (ECF No. 5.) Based on the notice of consent, the May 16, 2017 order directing the

25

Clerk of the Court to assign a district judge is vacated. For the reasons stated in the May 16, 2017

26

findings and recommendations, the undersigned orders this action dismissed.

27

Accordingly, IT IS HEREBY ORDERED that:

28

1. The May 16, 2017 order directing the Clerk of the Court to assign a district judge is
1

1
2
3
4
5

vacated;
2. This action is dismissed for the reasons stated in the May 16, 2017 findings and
recommendations;
3. The Court declines to issue a certificate of appealability.
Dated: July 6, 2017

6
7
8
9
Dot874.ord
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2