Hernandez v. Yates et al

Filing 51

ORDER Denying As Premature Plaintiff's Motion To Expedite Trial Setting Procedures And Directing Clerk Of Court To Send Plaintiff The Order Re Consent Or Request For Reassignment Form (ECF No. 48 ), signed by Magistrate Judge Stanley A. Boone on 5/8/2015. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONY HERNANDEZ, 12 Plaintiff, 13 14 v. M. MARTINEZ, et al., 15 Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) Case No.: 1:10-cv-01064-LJO-SAB (PC) ORDER DENYING AS PREMATURE PLAINTIFF’S MOTION TO EXPEDITE TRIAL SETTING PROCEDURES AND DIRECTING CLERK OF COURT TO SEND PLAINTIFF THE ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT FORM [ECF No. 48] Plaintiff Tony Hernandez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendant Martinez for excessive force in violation of the 20 Eighth Amendment. On February 4, 2015, Defendant Martinez filed an answer to the complaint. On 21 February 5, 2015, the Court issued a discovery and scheduling order, along with notice of the Court’s 22 expedited trial setting procedures upon consent of all parties. (ECF No. 47.) 23 On April 22, 2015, Plaintiff filed a motion to expedite the trial setting procedures, along with a 24 motion for summary judgment. Defendant subsequently filed a motion for summary judgment on 25 May 5, 2015. 26 Plaintiff is advised that the Court cannot implement the expedited trial proceedings unless and 27 until all parties consent to magistrate judge jurisdiction. To date, Defendants have not yet consented 28 to magistrate judge jurisdiction. Based on Plaintiff’s representation that he wishes to consent to 1 1 magistrate judge jurisdiction, the Court will direct the Clerk of Court to send Plaintiff the order re 2 consent or request for reassignment for Plaintiff to complete and return to the Court. 3 Based on the foregoing, it is HEREBY ORDERED that: 4 1. Plaintiff’s motion to implement the expedited trial setting procedures is DENIED as premature; and 5 2. 6 The Clerk of Court shall send Plaintiff the order re consent or request for assignment. 7 8 IT IS SO ORDERED. 9 Dated: 10 May 8, 2015 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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