What Happens After the 2254 Petition Is Filed?

FAQs, Habeas Proceedings

If you file a 2254 petition in the Central District of California, it is assigned to both a magistrate judge and a district court judge. The magistrate judge is responsible for the preliminary litigation. Because the magistrate judge does not have the legal authority to issue a final order, the magistrate judge will issue a report and recommendation to the district court judge. The district court judge can either adopt the magistrate judge’s recommendation or issue his or her own order.