Ivory v. Tilton, et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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
ORDER REQUIRING DEFENSE
COUNSEL TO RETURN THE FORMS
WITHIN TEN DAYS
CASE NO. 1:09-CV-1272 AWI GSA PC
Norman Ivory (“Plaintiff”) is proceeding pro se in this civil rights action. This action is set
for jury trial on October 22, 2013. At this time, a criminal case and a previously scheduled older
civil case are also set to go to trial on October 22, 2013.
Out of fairness, the Court believes it is necessary to forewarn litigants 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 case and all other 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. As multiple trials are now being set to begin upon the
same date, parties may find their case trailing with little notice before the trial begins. The law
requires the Court give any criminal case priority over civil trials and other matters, and the Court
must proceed with criminal trials even if a civil trial is older or was set earlier. If multiple trials
are scheduled to begin on the same day, this civil trial will trail day to day or week to week until
completion of any criminal case or older civil case.
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,
including entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c), Federal Rule of Civil
Procedure 73, and Local Rule 305.
Defense Counsel with the Court’s standard form to consent to or decline Magistrate Judge
jurisdiction. Within ten days of this order’s date of service, Defendant shall either consent to or
decline Magistrate Judge jurisdiction by filling out the requisite forms and returning them to the
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
Judges and United States Article III District Court Judges. Any appeal from a judgment entered
by a United States Magistrate Judge is taken directly to the United States Court of Appeal for the
Ninth Circuit. Finally, for the parties’ information, the Fresno Division, whenever possible, is
utilizing United States Article III District Court Judges from throughout the country as Visiting
Judges. Pursuant to the Local Rules, Appendix A, such reassignments will be random, and the
parties will receive no advance notice before their case is reassigned to an Article III District Court
Judge from outside of the Eastern District of California.
The parties are hereby informed that no substantive rulings or decisions will be affected by
whether a party chooses to consent.
Accordingly, the court orders that:
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
Within ten days from this order’s date of service, Defense Counsel shall notify the
Court whether Defendant consents to or declines Magistrate Judge jurisdiction by filling out the
enclosed forms and returning them to the Court.
IT IS SO ORDERED.
Dated: September 10, 2013
SENIOR DISTRICT JUDGE
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