(HC) Goolsby v. Lizarraga, No. 2:2015cv02292 - Document 7 (E.D. Cal. 2015)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/08/15 ordering the Clerk of the Court is directed to: a) redesignate the undersigned's findings and recommendations filed 11/12/15 as an order; and b) withdraw assignment of a district judge to this action; and for the reasons stated in this court's order filed 11/12/15 this action is summarily dismissed pursuant to Rule 4. CASE CLOSED. (cc: TLN) (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTWONE DORNELL GOOLSBY, SR., 12 13 14 15 No. 2:15-cv-2292 TLN CKD P Petitioner, v. ORDER JOE LIZARRAGA, Respondent. 16 17 On November 12, 2015, the undersigned magistrate judge recommended that the petition 18 be summarily dismissed pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under 19 Section 2254, and directed the assignment of a district judge to review this recommendation. 20 (ECF No. 4.) However, court records reveal that petitioner has filed a notice of consent to the 21 jurisdiction of the undersigned magistrate judge for all purposes. 28 U.S.C. § 636(c); Local Rule 22 302. (ECF No. 5.) As respondent has not been served, petitioner is the only party to this action. 23 Petitioner has filed objections to the findings and recommendations. (ECF No. 6.) 24 Having reviewed this filing, the undersigned concludes there is no basis for modifying its prior 25 conclusion that this action should be summarily dismissed. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Clerk of Court is directed to: (a) redesignate the undersigned’s findings and 28 recommendations filed November 12, 2015 as an order; and (b) withdraw the assignment of a 1 1 2 district judge to this action; and 2. For the reasons stated in this court’s order filed November 12, 2015, this action is 3 summarily dismissed pursuant to Rule 4. 4 Dated: December 8, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 2/gool2292.cb 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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