Exmundo v. Scribner et al

Filing 102

ORDER DIRECTING the Clerk of the Court to Send the Parties the Court's Standard Form to Consent to or Decline Magistrate Judge Jurisdiction; ORDER REQUIRING the Parties to Return the Forms Within Ten Days, signed by District Judge Anthony W. Ishii on 12/18/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMILITO EXMUNDO,

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Plaintiff,

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ORDER DIRECTING THE CLERK OF
THE COURT TO SEND THE PARTIES
THE COURT’S STANDARD FORM TO
CONSENT TO OR DECLINE
MAGISTRATE JUDGE JURISDICTION

Defendants.

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CASE NO. 1:06--CV-0205 AWI DLB PC

ORDER REQUIRING THE PARTIES
TO RETURN THE FORMS WITHIN
TEN DAYS

v.
BELL, et al.,

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Plaintiff is proceeding in this civil rights action against prison officials. This action is set

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for jury trial on February 11, 20013. At this time, the Court is currently scheduled to be in trial

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with criminal cases during this time.

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Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno

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Division of the Eastern District of California now has the heaviest District Judge caseload in the

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entire nation. While the Court will use its best efforts to resolve this case and all other civil cases

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in a timely manner, the parties are admonished that not all of the parties’ needs and expectations

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may be met as expeditiously as desired. As multiple trials are now being set to begin upon the

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same date, parties may find their case trailing with little notice before the trial begins. The law

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requires the Court give any criminal case priority over civil trials and other matters, and the Court

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must proceed with criminal trials even if a civil trial is older or was set earlier.

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are scheduled to begin on the same day, this civil trial will trail day to day or week to week until

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completion of any criminal case.

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If multiple trials

The parties are reminded of the availability of a United States Magistrate Judge to conduct

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all proceedings in this action. A United States Magistrate Judge is available to conduct trials,

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including entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c), Federal Rule of Civil

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Procedure 73, and Local Rule 305.

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Defendants with the Court’s standard form to consent to or decline Magistrate Judge jurisdiction.

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Within ten days of this order’s date of service, the parties shall either consent to or decline

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Magistrate Judge jurisdiction by filling out the requisite forms and returning them to the Court.

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The parties are advised that the same jury pool is used by both United States Magistrate

The Court will direct the Clerk of the Court to provide

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Judges and United States Article III District Court Judges. Any appeal from a judgment entered

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by a United States Magistrate Judge is taken directly to the United States Court of Appeal for the

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Ninth Circuit.
Finally, for the parties’ information, the Fresno Division, whenever possible, is

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utilizing United States Article III District Court Judges from throughout the country as Visiting

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Judges. Pursuant to the Local Rules, Appendix A, such reassignments will be random, and the

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parties will receive no advance notice before their case is reassigned to an Article III District Court

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Judge from outside the Fresno Division of the Eastern District of California.

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The parties are hereby informed that no substantive rulings or decisions will be affected by
whether a party chooses to consent.

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Accordingly, the court orders that:

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1.

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The Clerk of the Court is DIRECTED to provide the parties with the forms that will

allow them to consent or decline Magistrate Judge Jurisdiction; and
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Within ten days from this order’s date of service, the parties shall notify the Court

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whether they consent to or decline Magistrate Judge jurisdiction by filling out the enclosed forms

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and returning them to the Court.

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IT IS SO ORDERED.
Dated: December 18, 2013
SENIOR DISTRICT JUDGE

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