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Dodgion v. Hartley

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


January 11, 2010

GLEN DODGION, PLAINTIFF,
v.
J. HARTLEY, ET AL., DEFENDANTS.

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

ORDER

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.

20100111

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