Dancy v. Scribner, et al

Filing 115

ORDER Requiring Defendants to Notify the Court Whether they will Consent to Magistrate Judge Jurisdiction within Five Days; ORDER Directing the Clerk of Court to Send Consent/Forms to Defendants signed by Chief Judge Anthony W. Ishii on 01/24/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAMUEL DANCY, JR.,

1:07-cv-0716 AWI JLT PC

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Plaintiff,

ORDER REQUIRING DEFENDANTS TO
NOTIFY THE COURT WHETHER THEY
WILL CONSENT TO MAGISTRATE JUDGE
JURISDICTION WITHIN FIVE DAYS

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v.
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A. K. SCRIBNER, et al.,
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ORDER DIRECTING THE CLERK OF
COURT TO SEND CONSENT/ FORMS TO
DEFENDANTS

Defendants.
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/
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Plaintiff Samuel Dancy, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is set for jury trial on

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February 7, 2012.

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The undersigned hereby advises the parties that a United States Magistrate Judge is available

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to conduct the trial in this action, including the entry of final judgment, pursuant to 28 U.S.C. § 28

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U.S.C. 636(c), Federal Rule of Civil Procedure 73, and Local Rule 305.

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judgment entered by a United States Magistrate Judge is taken directly to the United States Court

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of Appeal for the Ninth Circuit.

Any appeal from a

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Because of the extraordinarily high case load in the Fresno Division of the Eastern District

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of California, this court has United States Magistrate Judges conduct trials in civil rights actions

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concerning prison conditions whenever possible.1 Having a Magistrate Judge preside over the trial

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makes it far more likely a case will proceed on the scheduled trial date, and the trial will not be

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delayed by other matters.

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expedite resolution of this action, you are hereby advised that no adverse substantive consequences

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will result if you withhold consent.

While consenting to Magistrate Judge Jurisdiction will most likely

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In this action, Plaintiff has already consented to Magistrate Judge Jurisdiction. However,

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it is unclear, at this time, whether Defendants are willing to consent for the purposes of trial. As

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such, The court shall direct the Clerk of the Court to provide Defendants with consent/decline

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forms. Within five days from the date of service of this order, Defendants shall inform the court

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whether they consent to or decline Magistrate Judge Jurisdiction by filling out the form and returning

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it to the court.

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Accordingly, the court HEREBY ORDERS as follows:

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1.

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The Clerk of the Court is DIRECTED to send Defendants the standard forms that
allow them to consent or decline Magistrate Judge Jurisdiction; and

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Within five (5) days from the date of service of this order, Defendants shall notify

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the court whether they consent to or decline Magistrate Judge jurisdiction by filling

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out the enclosed forms and returning them to the court.

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IT IS SO ORDERED.

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Dated:
0m8i78

January 24, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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The parties are forewarned that the Fresno Division of the Eastern District of California
now has the heaviest District Judge caseload in the entire nation. While the court will use its
best efforts to resolve this and all civil cases in a timely manner, the parties are admonished that
not all of the parties' needs and expectations may be met as expeditiously as desired.
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