-DLB (HC) Burza v. Hartley, No. 1:2010cv02083 - Document 9 (E.D. Cal. 2011)
Court Description: ORDER Vacating 5 Order Denying Petition for Writ of Habeas Corpus Issued March 2, 2011 and Re-Issuing Findings and Recommendations to Deny Petition for Writ of Habeas Corpus signed by Magistrate Judge Dennis L. Beck on 03/07/2011. (Flores, E)
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-DLB (HC) Burza v. Hartley Doc. 9 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 PETER BURZA, 1:10-cv-02083-LJO-DLB (HC) 8 Petitioner, ORDER VACATING ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS ISSUED MARCH 3, 2011 AND RE-ISSUING FINDINGS AND RECOMMENDATION TO DENY PETITION FOR WRIT OF HABEAS CORPUS 9 v. 10 11 JAMES D. HARTLEY, 12 Respondent. [Doc. 5] / 13 14 15 Petitioner is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is represented by Michael Evan Beckman, Esq. 16 On March 2, 2011, the undersigned issued an order to deny the instant petition for writ 17 of habeas corpus and judgment was entered. In that order, it was noted (incorrectly) that 18 Petitioner had consented to Magistrate Judge jurisdiction. In fact, Petitioner declined Magistrate 19 Judge jurisdiction on November 15, 2010, however, it was incorrectly docketed as consent to 20 Magistrate Judge jurisdiction. (Doc. 4.) Thus, because Petitioner declined Magistrate Judge 21 jurisdiction, the Court will vacate the March 3, 2011, order and issue Findings and 22 Recommendation to be submitted to United States District Judge Lawrence J. O’Neill 23 concurrently herewith. 24 25 26 Accordingly, it is HEREBY ORDERED that the March 23, 2011, order is HEREBY STRICKEN from the record. IT IS SO ORDERED. 27 Dated: 3b142a March 7, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 28 1 Dockets.Justia.com
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