Opinion
Civil Action No. 05-CV-73460-DT.
October 6, 2005
ORDER DISMISSING PETITION FOR A WRIT OF MANDAMUS
Petitioner seeks a writ of mandamus compelling a judge of this court, Patrick J. Duggan, "to act on petitioner's habeas corpus petition not later than ten days after receipt of a copy of this such order." The requested writ has been abolished in district court practice. See Fed.R.Civ.P. 81(b); 12 C. Wright A. Miller, Federal Practice and Procedure § 3134 (1997). Further, this court has no jurisdiction over a case assigned to another judge of the same court. The court also notes that petitioner has filed a notice of appeal in his habeas case, so the matter is now before the court of appeals. Accordingly,
IT IS ORDERED that the petition is dismissed.