Fields v. Junious et al

Filing 132

ORDER REQUESTING the Parties Notify the Court Whether They Are Willing to Consent to Magistrate Dennis L. Beck for an August 5, 2013 Trial Date, signed by District Judge Anthony W. Ishii on 6/4/2013. (Jessen, A)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 KEVIN E. FIELDS, 7 Plaintiff, 8 9 CASE NO. 1:09-cv-01771-AWI-DLB PC ORDER REQUESTING THE PARTIES NOTIFY THE COURT WHETHER THEY ARE WILLING TO CONSENT TO MAGISTRATE JUDGE DENNIS L. BECK FOR AN AUGUST 5, 2013 TRIAL DATE v. MAURICE JUNIOUS, et al., 10 Defendants. / 11 12 Plaintiff Kevin E. Fields (“Plaintiff”) is a prisoner proceeding pro se and in forma 13 pauperis in this civil action pursuant to 42 U.S.C. § 1983. On May 28, 2013, the Court held a 14 status conference with the parties. At the hearing, the Court vacated the pending trial date and 15 all dates related to the trial based on Plaintiff’s medical condition. 16 At the hearing, the Court and the parties addressed whether the parties were willing to 17 consent to Magistrate Judge Jurisdiction. Defendants stated they were willing to consent. 18 Plaintiff stated he would consent to Magistrate Judge Jurisdiction if Magistrate Judge Dennis L. 19 Beck, the Magistrate Judge assigned to this action, would conduct further proceedings and trial. 20 The Court informed the parties that Magistrate Judge Beck is retired but is still on a recalled 21 status and continues with many assignments. The Court informed the parties that it would 22 consult with Magistrate Judge Beck to determine if he is willing to conduct the trial in this 23 action. 24 Having contacted Magistrate Judge Beck, the parties are informed that Magistrate Judge 25 Beck is willing to conduct a trial in this action on August 5, 2013. The parties are requested to 26 contact the Court, state whether they are willing to consent, and provide information on whether 27 they believe they will be prepared for trial by August 5, 2013. 28 1 1 Accordingly, the Court ORDERS that: 2 1. 3 The Clerk of the Court is DIRECTED to send the parties a form, allowing them to consent or decline Magistrate Judge Jurisdiction; 4 2. Within twenty (20) days of this order’s date of service, the parties shall 5 inform the Court whether they are willing to consent to Magistrate Judge 6 Jurisdiction and whether they believe they will be ready to proceed to trial 7 in this action on August 5, 2013 before Judge Beck. 8 9 10 IT IS SO ORDERED. Dated: 0m8i78 June 4, 2013 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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