IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 11, 2010
GLEN DODGION, PLAINTIFF,
J. HARTLEY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
On September 28, 2009, plaintiff filed a habeas corpus petition. On October 7, 2009, plaintiff filed a notice of consent to the jurisdiction of the undersigned. On November 16, 2009, the undersigned issued an order construing this action as a civil rights action. The petition was dismissed with thirty days to file a civil rights complaint.
On December 7, 2009, plaintiff filed a "motion to appeal the magistrate judge's order," and requested that this action be assigned to a district judge. Because plaintiff consented to the jurisdiction of the undersigned, no district judge was appointed to this action. If defendants are served and do not consent, then a district judge will be assigned.
Accordingly, IT IS HEREBY ORDERED that plaintiff's December 7, 2009, motion (no. 6) is denied; within thirty days of the date of this order, plaintiff shall file a civil rights complaint; failure to comply with this order will result in dismissal of this action.
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