Lerma v. Shaffer

Filing 6

ORDER VACATING CONSENT ORDER;REASSIGNING CASE. Signed by Judge Lucy H. Koh on 1/6/14. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 1/7/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL LERMA,
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Petitioner,
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v.
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JENNIFER SHAFFER,
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Respondent.
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No. C 13-5546 LHK (PR)
ORDER VACATING CONSENT
ORDER; REASSIGNING CASE

Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Petitioner had filed a consent to magistrate judge jurisdiction in

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this federal habeas corpus matter under 28 U.S.C. § 2254. (Doc. No. 4.) As such, the court

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issued an order to reassign this action for all further matters to a magistrate judge. (Doc. No. 5.)

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However, after further review, it appears that the undersigned was initially assigned this action

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in error. See General Order 44(D)(5) (“the Clerk shall assign any non-capital habeas petition

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filed by a prisoner to the same judge who was assigned any previous petitions filed by or on

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behalf of that prisoner.”). Petitioner has a previously filed non-capital habeas petition with

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Judge Jon S. Tigar. See Lerma v. Cate, No. 11-4265 JST (N.D. Cal.).

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Accordingly, the December 30, 2013, order reassigning this case to a magistrate judge is

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VACATED. This action is REASSIGNED to Judge Jon S. Tigar pursuant to General Order

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44(D)(5).
Order Vacating Consent Order; Reassigning Case
G:\PRO-SE\LHK\HC.13\Lerma54error.wpd

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IT IS SO ORDERED.
DATED:

1/6/14

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_________________________
LUCY H. KOH
United States District Judge

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Order Vacating Consent Order; Reassigning Case
G:\PRO-SE\LHK\HC.13\Lerma54error.wpd

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