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TORRES v. SPEARMAN, 2:09-cv-0531 MCE AC P. (2014)

Court: District Court, E.D. California Number: infdco20140407520 Visitors: 8
Filed: Apr. 03, 2014
Latest Update: Apr. 03, 2014
Summary: ORDER ALLISON CLAIRE, Magistrate Judge. This petition for writ of habeas corpus was dismissed without prejudice by Order, filed on September 18, 2013, the case was closed and judgment was entered accordingly. Petitioner has now filed a first amended petition on April 2, 2014 in this closed case, which must be stricken and re-opened as a new case. Accordingly, IT IS ORDERED that the Clerk of the Court: 1. Strike the first amended petition, ECF No. 76, from the docket of this closed case; 2
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ORDER

ALLISON CLAIRE, Magistrate Judge.

This petition for writ of habeas corpus was dismissed without prejudice by Order, filed on September 18, 2013, the case was closed and judgment was entered accordingly. Petitioner has now filed a first amended petition on April 2, 2014 in this closed case, which must be stricken and re-opened as a new case.

Accordingly, IT IS ORDERED that the Clerk of the Court:

1. Strike the first amended petition, ECF No. 76, from the docket of this closed case;

2. Open a new case and file the first amended petition in the new habeas proceeding;

3. Assign the new case to District Judge Morrison C. England, Jr., and Magistrate Judge Allison Claire. See L.R. 190(d);

4. Make appropriate adjustment in the assignment of civil cases to compensate for this additional assignment.

Source:  Leagle

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