Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: ORDER DIRECTING DEFENDANTS TO CONSENT OR DECLINE TO UNITED STATES MAGISTRATE JUDGE JURISDICTION BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff Ivan Lee Matthews ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. 1983. This action currently proceeds on Plaintiff's fourth amended complaint, filed on May 28, 2015, against Defendants Liles, Sherrett, and Cable for retaliation and denial of access to the courts in violatio
Summary: ORDER DIRECTING DEFENDANTS TO CONSENT OR DECLINE TO UNITED STATES MAGISTRATE JUDGE JURISDICTION BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff Ivan Lee Matthews ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. 1983. This action currently proceeds on Plaintiff's fourth amended complaint, filed on May 28, 2015, against Defendants Liles, Sherrett, and Cable for retaliation and denial of access to the courts in violation..
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ORDER DIRECTING DEFENDANTS TO CONSENT OR DECLINE TO UNITED STATES MAGISTRATE JUDGE JURISDICTION
BARBARA A. McAULIFFE, Magistrate Judge.
Plaintiff Ivan Lee Matthews ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action currently proceeds on Plaintiff's fourth amended complaint, filed on May 28, 2015, against Defendants Liles, Sherrett, and Cable for retaliation and denial of access to the courts in violation of the First Amendment, arising from the denial of Plaintiff's legal papers. (ECF No. 22.)
This action is currently assigned only to the undersigned based on Plaintiff's consent to United States Magistrate Judge jurisdiction. (ECF No. 5.) However, the record reflects that Defendants Liles, Sherrett, and Cable have not filed valid consent or request for reassignment forms despite filing a motion to dismiss in this action. Therefore, Defendants Liles, Sherrett, and Cable shall notify the Court within ten (10) days from the date of service of this order whether they consent to or decline United States Magistrate Judge jurisdiction.
Accordingly, the Court HEREBY ORDERS that:
1. The Clerk of the Court is directed to send Defendants Liles, Sherrett, and Cable a copy of the consent or request for reassignment form and the instructions for consent to Magistrate Judge jurisdiction; and
2. Defendants shall complete and return the consent or request for reassignment forms within ten (10) days of service of this order.
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* _________________________
