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West v. Hartley

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


March 26, 2009

DARRYL F. WEST, PETITIONER,
v.
JAMES D. HARTLEY, RESPONDENT.

ORDER

Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. §2254. Petitioner has paid the $5.00 filing fee for this action, and has consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).

Examination of this action and the court's records reveals that the petitioner has previously filed a petition for relief in the same matter.*fn1 (No. 2:07-cv-1048-JAM-CMK (HC).) That action is still pending, and it appears that the claims raised in the instant action should be raised, if at all, in that action. See Rule 2(c)(1), 28 U.S.C. foll. § 2254. Pursuant to Local Rule 81-190(d), the above-captioned action will be reassigned to the Judge and Magistrate Judge to whom the earlier filed action is assigned.*fn2

The parties should be aware that reassigning this action under Local Rule 81-190(d) merely has the result that the action is assigned to the Judge and Magistrate Judge who considered the prior petition; no consolidation of the actions is effected by this reassignment order.

Accordingly, IT IS HEREBY ORDERED that:

1. This action is reassigned to Judge John A. Mendez and Magistrate Judge Craig M. Kellison for all further proceedings; henceforth, the caption on documents filed in this action shall be shown as No. 2:09-cv-0260-JAM-CMK (HC); and

2. The Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.


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