Filed: Jan. 13, 2017
Latest Update: Jan. 13, 2017
Summary: ORDER REQUIRING DEFENDANTS TO NOTIFY COURT WHETHER THEY CONSENT TO MAGISTRATE JUDGE JURISDICTION BY JANUARY 20, 2017 ORDER DIRECTING CLERK'S OFFICE TO SEND CONSENT/DECLINE FORMS TO DEFENDANTS GARY S. AUSTIN , Magistrate Judge . Kevin D. Bryant ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. 1983. Plaintiff filed the Complaint commencing this action on December 26, 2012. (ECF No. 1.) This case now proceeds with
Summary: ORDER REQUIRING DEFENDANTS TO NOTIFY COURT WHETHER THEY CONSENT TO MAGISTRATE JUDGE JURISDICTION BY JANUARY 20, 2017 ORDER DIRECTING CLERK'S OFFICE TO SEND CONSENT/DECLINE FORMS TO DEFENDANTS GARY S. AUSTIN , Magistrate Judge . Kevin D. Bryant ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. 1983. Plaintiff filed the Complaint commencing this action on December 26, 2012. (ECF No. 1.) This case now proceeds with t..
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ORDER REQUIRING DEFENDANTS TO NOTIFY COURT WHETHER THEY CONSENT TO MAGISTRATE JUDGE JURISDICTION BY JANUARY 20, 2017
ORDER DIRECTING CLERK'S OFFICE TO SEND CONSENT/DECLINE FORMS TO DEFENDANTS
GARY S. AUSTIN, Magistrate Judge.
Kevin D. Bryant ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on December 26, 2012. (ECF No. 1.) This case now proceeds with the First Amended Complaint filed by Plaintiff on December 2, 2013, against defendants Lieutenant C. Waddle and Correctional Officer E. Castellanos, on Plaintiff's First Amendment claim for retaliation. (ECF No. 16.) The events in the complaint allegedly occurred at Kern Valley State Prison (KVSP) when Plaintiff was incarcerated there in the custody of the California Department of Corrections and Rehabilitation (CDCR).
On March 18, 2013, Plaintiff consented to the jurisdiction of a Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF No. 9.) On April 6, 2015, defendants Waddle and Castellanos declined Magistrate Judge jurisdiction. (ECF No. 27.) Since that time this case has been reassigned to District Judge Dale A. Drozd and Magistrate Judge Gary S. Austin. In light of the reassignment of judges, the Court requests Defendants to reconsider whether they will consent to Magistrate Judge jurisdiction. Defendants shall complete the enclosed consent/decline form, indicating whether they consent to or decline Magistrate Jurisdiction, and return the form to the Court on or before January 20, 2017, for filing.
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk is directed to send the Court's consent/decline form to defendants Waddle and Castellanos; and
2. On or before January 20, 2017, defendants Waddle and Castellanos shall complete the enclosed consent/decline form and return it to the Court for filing.
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA AT FRESNO
CASE NO. ______________________
______________________________ vs. ________________________________
Plaintiff(s)/Petitioner(s), Defendant(s)/Respondent(s)
IMPORTANT: √ CHECK AND SIGN ONLY ONE SECTION OF THIS FORM, THEN RETURN IT TO THE CLERK'S OFFICE NOT LATER THAN 20 DAYS FOLLOWING YOUR FIRST APPEARANCE, ANSWER OR RESPONSIVE PLEADING.
[] CONSENT TO JURISDICTION OF UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of Title 28, U.S.C. Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a United States Magistrate Judge conduct all further proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed.
Date: ___________________ Signature: _______________________________
Print Name:______________________________
() Plaintiff/Petitioner () Defendant/Respondent
() Counsel for* _________________________
[] DECLINE OF JURISDICTION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to Title 28, U.S.C. Sec. 636(c)(2), the undersigned acknowledges the availability of a United States Magistrate Judge but elects to have this case randomly assigned to a United States District Judge.
Date: ___________________ Signature: _______________________________
Print Name:______________________________
() Plaintiff/Petitioner () Defendant/Respondent
() Counsel for* _________________________
