RICHARD I. FINE
Prisoner ID # 1824367
c/o Men\u2019s Central Jail
441 Bauchet Street
Los Angeles, CA 90012

Irrespective of the local rule of this court requiring all pro se cases to be heard before a Magistrate Judge, such rule results in a direct violation of due process.

U.S. DISTRICT COURT FOR THE
CENTRAL DISTRICT OF
CALIFORNIA, et al,

NOTICE OF NON-CONSENT TO
MAGISTRATE JUDGE AS
CONSENTING IN A PREVIOUS
WRIT PETITION RESULTED IN A
DENIAL OF DUE PROCESS AND
THE FILING OF THIS PETITION

She immediately violated 28 U.S.C. \u00a7 2243 by not either granting the Writ \u201cforthwith\u201d or issuing an order to show cause to the Respondent \u201cforthwith\u201d ordering the Respondent \u201cto show cause why the writ should not be granted.\u201d She waited 18 days from March 20, 2009 (when the Petition was filed), until April 7, 2009, when she issued her order, which was not an \u201corder to show cause.\u201d

When the Respondent Sheriff did not \u201cshow cause\u201d and refused to answer the Petition, she further violated 28 U.S.C. \u00a7 2243 by \u201cdirecting\u201d the LA Superior Court and Judge David P. Yaffe (\u201cJudge Yaffe\u201d) to answer. She did not have jurisdiction over the LA Superior Court and Judge Yaffe, and they were not the \u201cRespondent.\u201d Further, they did not seek to intervene. She gave the LA Superior Court and Judge Yaffe until May 1, 2009 to answer. This was beyond the 20-day limitation set forth in Section 2243 for response, which would have been April 27, 2009 for the Respondent if he could have shown \u201cgood cause.\u201d

Her violations of Section 2243 form part of the basis for the instant Petition. Those violations resulted in the unlawful incarceration of Petitioner, irrespective of the other violations of the Respondent Sheriff, the LA Superior Court and Judge Yaffe.

As of the date of this filing, Section 2243 has again been violated. The present \u201cMagistrate Judge\u201d [Woehrle] has neither \u201cgranted\u201d the Petition nor issued an \u201corder to show cause\u201d to the Respondents U.S. District Court, Sheriff Leroy D. Baca, LA Superior Court and Judge David P. Yaffe \u201cto show cause why the writ should not be granted.\u201d

The present \u201cMagistrate Judge\u201d has already violated due process in this case. The Petition states on its face that Petitioner was not consenting to a Magistrate Judge; the Court should never have assigned this case to a \u201cMagistrate Judge.\u201d

The \u201cMagistrate Judge\u201d assignment must now be removed, and the writ granted or an order to show cause issued with a three-day return as set forth in Section 2243.