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Page v. United States Magistrate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 30, 2008

SAMMY PAGE. PLAINTIFF,
v.
UNITED STATES MAGISTRATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER AND FINDINGS & RECOMMENDATIONS

Plaintiff, a civil detainee proceeding pro se, has filed a Petition for Writ of Mandamus and an application to proceed in forma pauperis.

Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.

In this action, plaintiff seeks an order directing Magistrate Judge Brennan to "expedite consideration" of plaintiff's application for injunctive relief in CIV S-08-2231. On November 25, 2008, CIV S-08-2231 was reassigned to Judge Stotler for all further proceedings.

The court does not have the authority to order another federal judge to expedite consideration of an action pending before him or her. For this reason, this action is dismissed. A request for "expedited consideration" should be filed in the action in which the at-issue motion is pending.

Accordingly, IT IS HEREBY ORDERED that plaintiff's application to proceed in forma pauperis is granted;

IT IS HEREBY RECOMMENDED that this action be dismissed.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20081230

© 1992-2008 VersusLaw Inc.



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