Holt v. Nicholas et al

Filing 145

ORDER Requiring Parties to Notify Court whether they will Consent to Magistrate Judge Jurisdiction within Fourteen Days; ORDER DIRECTING Clerk of Court to Send Consent Forms,signed by District Judge Anthony W. Ishii on 03/20/2015. (14-Day Deadline) (Attachments: # 1 Consent/Decline Form)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VIRGIL E. HOLT,

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Plaintiff,
v.
R. NICHOLAS, et al.,
Defendants.

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Case No.: 1:09-cv-00800-AWI-SAB (PC)
ORDER REQUIRING PARTIES TO NOTIFY
COURT WHETHER THEY WILL CONSENT TO
MAGISTRATE JUDGE JURISDICTION WITHIN
FOURTEEN DAYS
ORDER DIRECTING CLERK OF COURT TO
SEND CONSENT FORMS

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Plaintiff Virgil E. Holt is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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Following resolution of Defendants’ motion for summary judgment, against Defendants

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Nicholas, Holguin, Ortega, Machado, and Juden on Plaintiff’s claim of excessive force, failure to

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intervene, and deliberate indifference to a serious medical claim in violation of the Eighth

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Amendment, and against Defendant Velasco on Plaintiff’s claim of deliberate indifference to a serious

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medical need in violation of the Eighth Amendment. This action is ready to be set for jury trial.

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This Court's Fresno Division carries the heaviest U.S. District Judge caseload in the nation.

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Although this Court uses its best efforts to resolve civil cases timely, this Court is unable to meet the

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parties’ needs and expectations. With multiple trials set on the same date, cases trail until the assigned

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District Judge becomes available. As required by law, this Court gives criminal cases priority over

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civil trials and other matters. This Court must proceed with criminal trials even if a civil action is

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older or its trial was set earlier. Continuances of civil trials under these circumstances will no longer

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be entertained, absent absolute good cause. If multiple trials are scheduled to begin on the same day,

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trial in this civil action will trail day to day or week to week until completion of any criminal case or

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older civil case. Moreover, trial in this civil action is subject to suspension mid-trial to accommodate
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criminal cases.

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One of this Court's U.S. Magistrate Judges is available to conduct all proceedings in this

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

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Civil Procedure 73, and Local Rule 305. The same jury pool is used by Magistrate Judges and District

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Judges. An appeal from Magistrate Judge proceedings is taken directly to the Ninth Circuit Court of

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Appeals when the parties consent to Magistrate Judge Jurisdiction. This Court will direct its Clerk to

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provide the parties with the Court’s form to consent to or decline Magistrate Judge jurisdiction. Within

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fourteen days of this order’s date of service, the parties shall file and serve their form to indicate

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whether they consent to or decline Magistrate Judge jurisdiction.
Moreover, this Court's Fresno Division randomly and without advance notice reassigns civil

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actions to District Judges throughout the nation to serve as visiting judges.

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Magistrate Judge consent, this action is subject to reassignment to a District Judge from outside the

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Eastern District of California. Case management difficulties, including trial setting and interruption,

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are avoided if the parties consent to conduct of further proceedings by one of this Court's Magistrate

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Judges.

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Accordingly, the Court orders that:

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1.

In the absence of

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

allow them to consent or decline Magistrate Judge Jurisdiction; and
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Within fourteen 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 and

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returning them to the Court.

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IT IS SO ORDERED.

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Dated: March 20, 2015

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SENIOR DISTRICT JUDGE

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