Ivory v. Tilton, et al.

Filing 55

ORDER signed by Magistrate Judge Gary S. Austin on 6/22/2011 in response to Plaintiff's request for clarification re 54 Declaration. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NORMAN IVORY,

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1:09-cv-01272-OWW-GSA-PC
Plaintiff,

ORDER IN RESPONSE TO PLAINTIFF’S
REQUEST FOR CLARIFICATION

v.
(Doc. 54.)

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JAMES E. TILTON, et al.,

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Defendants.
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Plaintiff Norman Ivory, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on July 20, 2009. This action now proceeds on the

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original Complaint against defendant C/O S. Meraz for excessive force in violation of the Eighth

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Amendment, and defendant Captain M. V. Sexton for retaliation in violation of the First

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Amendment.1

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On June 20, 2011, Plaintiff filed a declaration in which he requested clarification of mail he

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received from the Court. (Doc. 54.) Plaintiff asserts that he received an envelope with two pages

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enclosed. One page contained Plaintiff’s name, address, and case number, and the other page was

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a Notice of Electronic Filing. Plaintiff questions whether the Court intended to enclose a form for

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him to indicate whether he consents to or declines Magistrate Judge jurisdiction.

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All other claims and defendants were dismissed from this action by the Court on August 23, 2010 based on
Plaintiff’s failure to state a claim. (Doc. 30.)

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The Court’s mail received by Plaintiff is a notice that Plaintiff’s case number has changed

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to 1:09-cv-01272-OWW-GSA-PC, following the assignment of District Judge Oliver W. Wanger

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to the action. The Court did not intend to send Plaintiff a form for consent to Magistrate Judge

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jurisdiction. Plaintiff previously submitted a consent form on July 31, 2009.

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IT IS SO ORDERED.

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Dated:
6i0kij

June 22, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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