Johnson v. Gonzalez et al

Filing 123

ORDER DISREGARDING Plaintiff's 122 Consent or Decline Form Filed on October 27, 2014; ORDER ASSIGNING Action to United States Magistrate Judge Barbara A. McAuliffe, signed by District Judge Anthony W. Ishii on 10/31/14. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY JOHNSON, 12 Plaintiff, 13 14 v. L. GONZALEZ, et al., 15 Defendants. 16 17 18 21 22 23 24 25 Case No.: 1:09-cv-01264-AWI-BAM (PC) ORDER DISREGARDING PLAINTIFF’S CONSENT OR DECLINE FORM FILED ON OCTOBER 27, 2014 (ECF No. 122) ORDER ASSIGNING ACTION TO UNITED STATES MAGISTRATE JUDGE BARBARA A. McAULIFFE Plaintiff Anthony Johnson (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 19 20 ) ) ) ) ) ) ) ) ) ) ) ) ) action pursuant to 42 U.S.C. § 1983. On August 3, 2009, Plaintiff consented to the jurisdiction of the United States Magistrate Judge. (ECF No. 7.) On October 17, 2014, the Court issued a Second Scheduling Order, which required the parties to notify the Court whether they consented to Magistrate Judge jurisdiction. (ECF No. 120.) On October 20, 2014, Defendants Gonzales1 and Murrieta consented to the jurisdiction of the United States Magistrate Judge. (ECF No. 121.) On October 22, 2014, Plaintiff filed a form declining to consent to Magistrate Judge jurisdiction. (ECF No. 122.) As 26 27 28 1 Defendant was sued as “L. Gonzalez.” 1 1 Plaintiff previously consented to Magistrate Judge jurisdiction, the form filed by Plaintiff on October 2 27, 2014, is HEREBY DISREGARDED. 3 In light of the fact that all parties to this action have consented to have a United States 4 Magistrate Judge conduct any and all further proceedings in the case, including the trial and entry of a 5 final judgment, IT IS HEREBY ORDERED THAT: 6 1. This action is assigned to United States Magistrate Judge Barbara A. McAuliffe for all 7 purposes within the meaning of 28 U.S.C. § 636(c), to conduct any and all further proceedings in the 8 case, including the trial and entry of final judgment; 9 10 11 2. The Clerk of the Court is directed to assign this action in its entirety to Magistrate Judge Barbara A. McAuliffe, and 3. The new case number shall be 1:09-cv-01264-BAM PC. 12 13 IT IS SO ORDERED. 14 Dated: October 31, 2014 15 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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