Ivory v. Tilton, et al.

Filing 152

ORDER DIRECTING the Clerk of the Court to Send the Defense Counsel the Court's Standard Form to Consent to or Decline Magistrate Judge Jurisdiction; ORDER REQUIRING Defense Counsel to Return the form within Ten Days signed by District Judge Anthony W. Ishii on 9/10/2013. (Attachments: # 1 Consent/Decline Form)(Sant Agata, S)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 NORMAN IVORY, 8 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO SEND TO DEFENSE COUNSEL THE COURT’S STANDARD FORM TO CONSENT TO OR DECLINE MAGISTRATE JUDGE JURISDICTION Defendant. ORDER REQUIRING DEFENSE COUNSEL TO RETURN THE FORMS WITHIN TEN DAYS 9 10 11 CASE NO. 1:09-CV-1272 AWI GSA PC S. MERAZ, 12 13 14 Norman Ivory (“Plaintiff”) is proceeding pro se in this civil rights action. This action is set 15 for jury trial on October 22, 2013. At this time, a criminal case and a previously scheduled older 16 civil case are also set to go to trial on October 22, 2013. 17 Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno 18 Division of the Eastern District of California now has the heaviest District Judge caseload in the 19 entire nation. While the Court will use its best efforts to resolve this case and all other civil cases 20 in a timely manner, the parties are admonished that not all of the parties’ needs and expectations 21 may be met as expeditiously as desired. As multiple trials are now being set to begin upon the 22 same date, parties may find their case trailing with little notice before the trial begins. The law 23 requires the Court give any criminal case priority over civil trials and other matters, and the Court 24 must proceed with criminal trials even if a civil trial is older or was set earlier. If multiple trials 25 are scheduled to begin on the same day, this civil trial will trail day to day or week to week until 26 completion of any criminal case or older civil case. 27 28 The parties are reminded of the availability of a United States Magistrate Judge to conduct all proceedings in this action. A United States Magistrate Judge is available to conduct trials, 1 including entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c), Federal Rule of Civil 2 Procedure 73, and Local Rule 305. 3 Defense Counsel with the Court’s standard form to consent to or decline Magistrate Judge 4 jurisdiction. Within ten days of this order’s date of service, Defendant shall either consent to or 5 decline Magistrate Judge jurisdiction by filling out the requisite forms and returning them to the 6 Court. 7 The Court will direct the Clerk of the Court to provide The parties are advised that the same jury pool is used by both United States Magistrate 8 Judges and United States Article III District Court Judges. Any appeal from a judgment entered 9 by a United States Magistrate Judge is taken directly to the United States Court of Appeal for the 10 Ninth Circuit. Finally, for the parties’ information, the Fresno Division, whenever possible, is 11 utilizing United States Article III District Court Judges from throughout the country as Visiting 12 Judges. Pursuant to the Local Rules, Appendix A, such reassignments will be random, and the 13 parties will receive no advance notice before their case is reassigned to an Article III District Court 14 Judge from outside of the Eastern District of California. 15 16 The parties are hereby informed that no substantive rulings or decisions will be affected by whether a party chooses to consent. 17 Accordingly, the court orders that: 18 1. 19 The Clerk of the Court is DIRECTED to provide Defense Counsel with the forms that will allow Defendant to consent or decline Magistrate Judge Jurisdiction; and 20 2. Within ten days from this order’s date of service, Defense Counsel shall notify the 21 Court whether Defendant consents to or declines Magistrate Judge jurisdiction by filling out the 22 enclosed forms and returning them to the Court. 23 24 25 26 IT IS SO ORDERED. Dated: September 10, 2013 SENIOR DISTRICT JUDGE DEAC_Signature-END: 27 28 0m8i788 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?