ORDER TO SHOW CAUSE

MARIA-ELENA JAMES, Magistrate Judge.

On September 23, 2016, Defendant Episcopal Community Services filed a Motion to Dismiss, with a noticed hearing date of December 1, 2016. Dkt. No. 7. However, Plaintiff failed to file an opposition pursuant to Civil Local Rule 7. Accordingly, the Court hereby VACATES the motion hearing and ORDERS Plaintiff Jerome Talley to show cause why this case should not be dismissed for failure to prosecute and failure to comply with court deadlines. Plaintiff shall file a declaration by November 1, 2016. If a responsive declaration is filed, the Court shall either issue an order based on the declaration or set a hearing on the matter. Notice is hereby provided that failure to file a written response will be deemed an admission that Plaintiff does not intend to prosecute, and the case will be dismissed without prejudice. Thus, it is imperative that the Court receive a written response by the deadline above.

IT IS SO ORDERED.

NOTICE DIRECTING PLAINTIFF TO FILE CONSENT OR DECLINATION

This civil case was randomly assigned to Magistrate Judge Maria-Elena James for all purposes. In accordance with 28 U.S.C. § 636(c), the magistrate judges of this District are designated to conduct all proceedings in a civil case, including trial and entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by a magistrate judge may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other judgment of a district court. All parties have the right to have their case assigned to a United States District Judge for trial and disposittion. You are free to withhold consent without adverse substantive consequences.

A written consent to magistrate judge jurisdiction has not been filed by PLAINTIFF. Accordingly, PLAINTIFF shall inform the Court, by way of the enclosed form, whether PLAINTIFF consent(s) to magistrate judge jurisdiction or request(s) reassignment to a United States District Judge for trial. The consent/declination form shall be filed by October 31, 2016.

INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party) or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form below your selection.

In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit.

In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States magistrate judge conduct all further proceedings in this case, and I hereby request that this case be reassigned to a United States district judge.