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Nivette v. Marshall

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


May 28, 2009

JAMES D. NIVETTE, PETITIONER,
v.
JOHN MARSHALL, WARDEN, RESPONDENT.

ORDER

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-0759 LKK DAD (HC).) Pursuant to Local Rule 81-190(d), the above-captioned action will be reassigned to the Magistrate Judge who considered the prior petition.

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 judges who considered the prior petition; no consolidation of the actions is effected.

Accordingly, IT IS HEREBY ORDERED that:

1. This action shall be referred to Magistrate Judge Dale A. Drozd for further proceedings; henceforth, the caption on documents filed in this action shall be shown as No. 2:09-1173 DAD (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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