IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 25, 2011
MICHAEL MARTELL, RESPONDENT.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole in 2008. Pursuant to Eastern District of California Local Rules, this case was not assigned to a District Judge when the case was filed. The parties have not consented to Magistrate Judge jurisdiction and the court now finds that assignment of a District Judge is necessary to properly address the case. Additionally, for reasons which will be discussed in separate findings and recommendations issued following assignment of a District Judge, the court finds it appropriate to vacate the order issued on January 21, 2011, directing respondent to respond to the petition. / / / / /
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to randomly assign a District Judge to this case and to update the docket to reflect the new case number; and
2. The court's January 21, 2011, order directing a response (Doc. 3) is vacated.
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