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Marc Sardella-Lagomarsino v. Gary Swarthout

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


August 23, 2012

MARC SARDELLA-LAGOMARSINO, PETITIONER,
v.
GARY SWARTHOUT,
RESPONDENT.

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

ORDER

Petitioner, a state prisoner proceeding pro se, has filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This case is before the undersigned pursuant to petitioner's consent. Doc. 6. Petitioner challenges the 2010 denial of parole by the Board of Parole Hearings (BPH). However, court records indicate that in an earlier matter, SardellaLagomarsino v. Swarthout, 2:12-cv-0882 GEB KJN P, petitioner has also filed a petition challenging the 2010 denial of parole by the BPH.*fn1 Pursuant to Local Rule 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 190(d) merely has the result that the action is assigned to the Judge who considered the prior petition; no consolidation of the actions is effected.

Accordingly, IT IS HEREBY ORDERED that:

1. This action is reassigned to Magistrate Judge Newman for all further proceedings; henceforth, the caption on documents filed in this action shall be shown as No. 2:12-cv-1866 KJN P; 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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