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Magraff v. Ayers

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


June 16, 2010

WENDELL JOSEPH MAGRAFF PETITIONER,
v.
ROBERT L. AYERS, ET AL., RESPONDENTS.

ORDER

Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus. See 28 U.S.C. § 2254. By order dated January 22, 2010, the court granted petitioner's application to proceed in forma pauperis and directed petitioner to submit an amended petition on the proper form provided by the court. Dckt. No. 5. Petitioner submitted an amended petition on February 17, 2010.

Examination of the amended petition and the court's records reveals that petitioner has raised challenges to the same conviction (Solano County Case No. VCR 171913) in an earlier petition to this court, Case No. CIV S-07-1121 LKK KJM. Pursuant to Local Rule 190(d), the above-captioned action will be reassigned to the Judge and Magistrate Judge who considered the prior petition. This action does not effect consolidation of the actions.

Accordingly, it is hereby ordered that:

1. This action is reassigned to Judge Lawrence K. Karlton and Magistrate Judge Kimberly J. Mueller for all further proceedings; henceforth the caption on documents filed in this action shall be shown as No. CIV S-07-1750 LKK KJM; and

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

20100616

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