(HC) Fischer v. Sherman, No. 2:2015cv01196 - Document 6 (E.D. Cal. 2015)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/23/15. The Clerk is directed to re-designate the 6/8/15 4 Findings and Recommendations as an order and to withdraw the assignment of a District Judge to this action. This action is DISMISSED without prejudice pursuant to Rule 4 of the Rules Governing Habeas Corpus cases under Section 2254. CASE CLOSED. (Manzer, C)

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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 JAMES DAVID FISCHER, 12 No. 2:15-cv-1196 CKD P Petitioner, 13 v. 14 STU SHERMAN, 15 ORDER Respondent. 16 On June 8, 2015, the undersigned magistrate judge recommended that the petition be 17 18 dismissed without prejudice, and directed the assignment of a district judge to review this 19 recommendation. (ECF No. 4.) However, court records reveal that petitioner has filed a notice of 20 consent to the jurisdiction of the undersigned magistrate judge for all purposes. 28 U.S.C. 21 §636(c); Local Rule 302. (ECF No. 5.) As no respondent has been served, petitioner is the only 22 party to this action. Having reviewed the docket, the undersigned concludes there is no basis for 23 modifying its prior conclusion that this action should be dismissed. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Clerk of Court is directed to: (a) redesignate the undersigned’s findings and 26 recommendations filed June 8, 2015 as an order; and (b) withdraw the assignment of a district 27 judge to this action; and 28 //// 1 2. For the reasons stated in this court’s order filed June 8, 2015, this action is dismissed 1 2 without prejudice pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 3 2254. 4 Dated: June 23, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 2 / fisc1196.cb 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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