Filed: Apr. 06, 2016
Latest Update: Apr. 06, 2016
Summary: ORDER PAIGE J. GOSSETT , Magistrate Judge . The plaintiff, Adrian T. Eaglin, a self-represented state prisoner, filed this action pursuant to 42 U.S.C. 1983. The defendants previously moved for summary judgment as to all of Eaglin's claims. The court granted the motion in part and the sole claim remaining in this matter is Eaglin's Eighth Amendment claim against Defendant Ryan McCall relating to decontamination following a macing incident that occurred on July 22, 2013. This matter has be
Summary: ORDER PAIGE J. GOSSETT , Magistrate Judge . The plaintiff, Adrian T. Eaglin, a self-represented state prisoner, filed this action pursuant to 42 U.S.C. 1983. The defendants previously moved for summary judgment as to all of Eaglin's claims. The court granted the motion in part and the sole claim remaining in this matter is Eaglin's Eighth Amendment claim against Defendant Ryan McCall relating to decontamination following a macing incident that occurred on July 22, 2013. This matter has bee..
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ORDER
PAIGE J. GOSSETT, Magistrate Judge.
The plaintiff, Adrian T. Eaglin, a self-represented state prisoner, filed this action pursuant to 42 U.S.C. § 1983. The defendants previously moved for summary judgment as to all of Eaglin's claims. The court granted the motion in part and the sole claim remaining in this matter is Eaglin's Eighth Amendment claim against Defendant Ryan McCall relating to decontamination following a macing incident that occurred on July 22, 2013. This matter has been recommitted to the assigned magistrate judge for the following limited purposes:
(i) to seek written Consent from all parties to conduct all proceedings in this matter, including trial, before the Magistrate Judge; (ii) as the next stage in this matter, absent settlement, is trial, to enter a Scheduling Order in the above-captioned action; and (iii) to appoint counsel to represent the Plaintiff should the case proceed to trial pursuant to the District Court process relating to payment of costs and expenses.
(Order filed March 31, 2016, ECF No. 145 at 5.)
In light of that Order, Howard W. Anderson, III is hereby appointed as counsel for Eaglin on a pro bono basis effective April 6, 2016. Further, the Clerk of Court is directed to send all remaining parties a Notice of Availability of United States Magistrate Judge for their consideration. If the parties consent to the magistrate judge's conducting all remaining proceedings in this matter, they shall complete the form and file it on or before April 20, 2016. Finally, contemporaneous with this Order, a Second Amended Scheduling Order shall issue.
IT IS SO ORDERED.
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case.
Consent to a magistrate judge's authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties' printed names Signatures of parties or attorneys Dates
_______________________________ ___________________________________________ ______________
_______________________________ ___________________________________________ ______________
_______________________________ ___________________________________________ ______________
_______________________________ ___________________________________________ ______________
Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.
Date: ___________ ______________________________________________
District Judge's signature
______________________________________________
Printed name and title
Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge.
