Yates v. King et al

Filing 66

ORDER Directing Defendant to Consent to or Decline United States Magistrate Judge Jurisdiction Witin Ten Days, Response Due in 10 Days, signed by Magistrate Judge Sandra M. Snyder on 5/4/11. Ten Day Deadline. (Attachments: # 1 Consent Form) (Gonzalez, R)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA AT FRESNO

INSTRUCTIONS FOR CONSENT TO JURISDICTION OF
UNITED STATES MAGISTRATE JUDGE

In order to reduce delay, better serve the litigants, avoid duplication of judicial effort and
more evenly distribute the court’s civil caseload, the U.S. District Court for the Eastern District
of California provides these instructions and a form for consent to jurisdiction of a United States
Magistrate Judge in accordance with the provisions of 28 U.S.C.§ 636(c) and Fed. R .Civ. P. 73.
Litigants should find that consenting to the jurisdiction of the U.S. Magistrate Judge will
reduce complexity and duplication of effort of the litigation and speed the resolution of their
cases. The civil and criminal dockets of the U.S. Magistrate Judges in Fresno are much less
crowded than those of the District Court Judges and consequently the Magistrate Judges are able
to give litigants early and firm trial dates. Additionally, the assignment of only one judge (i.e. a
U.S. Magistrate Judge) to the action will serve to speed resolution of the case by preventing
duplication of judicial effort. Litigants who consent to the jurisdiction of the U.S. Magistrate
Judge may appeal directly to the Ninth Circuit Court of Appeals in the same manner as appeals
of orders of a District Judge. However, litigants who decline to consent to the Magistrate Judge
must first seek review of the Magistrate Judge’s findings and recommendations by a District
Judge before appealing to the Ninth Circuit.
Using the form provided with this notice, each of the parties may indicate whether or not
they will consent to the jurisdiction of a U. S. Magistrate Judge by signing the applicable section
of the attached form. If all parties consent, the U.S. Magistrate Judge will be reassigned as the
presiding judge in the case for all purposes, pursuant to 28 U.S.C. § 636(c)(1). If any party
declines, or if any party withholds consent, the case will remain with the assigned U.S. District
Judge. The case will however also remain with the assigned U.S. Magistrate Judge who will
manage the progress of the action and rule on all non-dispositive motions by order and all
dispositive motions by findings and recommendations pursuant to 28 U.S.C. § 636(b)(2).
The party filing or removing the case is responsible for serving all parties with the
consent/decline forms.

Revised 2/15/06

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA AT FRESNO

CASE NO. 1:0__________________________________

______________________________
Plaintiff(s)/Petitioner(s),

vs.

________________________________
Defendant(s)/Respondent(s)

IMPORTANT:
/ CHECK AND SIGN ONLY ONE SECTION OF THIS FORM,
THEN RETURN IT TO THE CLERK’S OFFICE NOT LATER THAN 20 DAYS
FOLLOWING YOUR FIRST APPEARANCE, ANSWER OR RESPONSIVE
PLEADING.

9

CONSENT TO JURISDICTION OF
UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of Title 28, U.S.C. Sec. 636(c)(1), the undersigned
hereby voluntarily consents to have a United States Magistrate Judge conduct all further
proceedings in this case, including trial and entry of final judgment, with direct review by the
Ninth Circuit Court of Appeals, in the event an appeal is filed.
Date: ___________________

Signature: _______________________________
Print Name:______________________________
( ) Plaintiff/Petitioner

( ) Defendant/Respondent

( ) Counsel for * _________________________

9

DECLINE OF JURISDICTION OF
UNITED STATES MAGISTRATE JUDGE

Pursuant to Title 28, U.S.C. Sec. 636(c)(2), the undersigned acknowledges the availability
of a United States Magistrate Judge but elects to have this case remain assigned to a United States
District Judge.
Date: ___________________

Signature: _______________________________
Print Name:______________________________
( ) Plaintiff/Petitioner

( ) Defendant/Respondent

( ) Counsel for *_________________________
Revised 6/01/04
*If representing more than one party, counsel must indicate name of each party responding.
( 2/15/06)