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Barger v. Plant

United States District Court, C.D. California

February 26, 2015

GARY DALE BARGER, Petitioner,
v.
PLANT, Respondent.

ORDER REQUESTING THAT PLAINTIFF MAIL TO THE CLERK'S THE OFFICE ANOTHER COPY OF MOTION TO DISQUALIFY THE MAGISTRATE JUDGE AND THE DISTRICT JUDGE IN THIS CASE

VALERIE BAKER FAIRBANK, Senior District Judge.

Proceeding pro se, California state prisoner Gary Dale Barger filed a habeas corpus petition in the U.S. District Court for the Northern District of California on January 27, 2015. See Document ("Doc") 1. On February 3, 2015, that court issued an order (Doc 6) which transferred the petition here because petitioner attacks a Ventura County Superior Court conviction. The Clerk's Office forwarded to chambers his motion to disqualify the undersigned Judge and the Magistrate Judge, bearing the docket number of this case, but chambers staff misplaced the paper original before it could be scanned and filed.[1]

The Court invites petitioner to submit another copy of the motion to the Clerk's Office. See Frankel v. NYC Dep't of Enviro. Protection, 2008 WL 2156722, *1 (S.D.N.Y. May 20, 2008) (after plaintiff sent a letter stating that the record should reflect that he had submitted a "Replacement Exhibit 20", the Pro Se Office "forwarded to me a 2/26/08 letter sent to it by Mr. Frankel (copy enclosed). Attached to it are... stamps, but no copies of the replacement exhibit 20.' They may have been misplaced. Accordingly, I request Mr. Frankel to mail another replacement Exhibit 20'...."); Sefton v. Webbworld, Inc., 2001 WL 1512067, *2 (N.D. Tex. Nov. 21, 2001) ("The Copyright Office informed Sefton that, while its records reflected that it had received and application and deposit... on June 9, 1997, it could not find the application and deposit. Consequently, the Copyright Office requested Sefton to resend the materials so it could finish processing his application.").[2]

ORDER

Petitioner MAY MAIL the Clerk's Office another copy of his motion to disqualify the Magistrate Judge and District Judge in this case, civil case number 2:15-00790-VBF-MAN. If the Court receives such motion, it will be filed and assigned to District Judge Otero for decision.[3]


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