Evans v. Soto

Filing 7

ORDER to Petitioner to Sign and Return the Consent or Decline Form Within Twenty-One (21) Days of Service, or Face Dismissal of the Action Without Prejudice for Petitioner's Failure to Comply With a Court Order signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2013. (Jessen, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
STEFAN E. EVANS,
11
Petitioner,
12
13

v.

14

SOTO, Warden,

15

Respondent.

16
17
18

)
)
)
)
)
)
)
)
)
)
)
)

1:12-cv—01652–BAM-HC
ORDER TO PETITIONER TO SIGN AND
RETURN THE CONSENT OR DECLINE
FORM WITHIN TWENTY-ONE (21) DAYS
OF SERVICE, OR FACE DISMISSAL OF
THE ACTION WITHOUT PREJUDICE FOR
PETITIONER’S FAILURE TO COMPLY
WITH A COURT ORDER (DOCS. 3, 5)
ORDER TO THE CLERK TO SEND TO
PETITIONER WITH THIS ORDER
ANOTHER ORDER RE: CONSENT OR
REQUEST FOR REASSIGNMENT
PETITIONER’S DEADLINE:
TWENTY-ONE (21) DAYS AFTER THE
DATE OF SERVICE OF THIS ORDER

19
20

Petitioner is a state prisoner proceeding pro se and in
21
forma pauperis with a petition pursuant to 28 U.S.C. § 2254.

The

22
matter has been referred to the Magistrate Judge pursuant to 28
23
U.S.C. § 636(b)(1) and Local Rules 302 and 303.

Pending before

24
the Court is the petition, which was filed on October 9, 2012.
25
I.

Background

26
Petitioner filed his petition and a motion for a sixty-day
27
extension of time within which to file a first amended petition.
28
1

1

Petitioner’s motion for an extension of time was denied on

2

December 17, 2012.

3

On October 10, 2012, an order issued from this Court to

4

Petitioner to complete and return to the Court within thirty (30)

5

days a form indicating whether Petitioner consented or declined

6

to the jurisdiction of the Magistrate Judge to conduct all

7

further proceedings in this case.

8

the order was served by mail on Petitioner at the address listed

9

in the docket.

10

(Doc. 3-1.)

On the same date,

Over thirty days passed without Petitioner’s

responding to the Court’s order as directed.

11

On November 21, 2012, another order issued from this Court

12

to Petitioner to complete and return to the Court within thirty

13

(30) days a form indicating whether or not Petitioner consented

14

or declined to the jurisdiction of the Magistrate Judge to

15

conduct all further proceedings in this case.

16

same date, the order was served by mail on Petitioner at the

17

address listed in the docket.

18

Petitioner did not respond to the Court’s order as directed.

19

(Doc. 5.)

On the

Over thirty (30) days passed, but

Both the orders informed Petitioner that the form must be

20

completed and returned regardless of the choice exercised by any

21

other party.

22

II.

(Doc. 3-1 at 1; doc. 5.)

Order to Complete Form or Suffer Dismissal of the
Proceeding

23
Petitioner has failed to comply with the Court’s repeated
24
orders to complete and sign a form concerning consent or request
25
for reassignment.
26
A failure to comply with an order of the Court may result in
27
sanctions, including dismissal, pursuant to the inherent power of
28
2

1

the Court, federal statute, and the Federal Rules of Civil

2

Procedure.

3

v. NASCO, Inc., 501 U.S. 31, 42-43 (1991).

Fed. R. Civ. P. 41(b), 11; Local Rule 110; Chambers

4

Petitioner is being given one more opportunity to complete

5

and sign one section of the consent form and to return the form

6

to the Court.

7

complete, sign, and return the form within twenty-one days after

8

service of this order, the instant proceeding will be dismissed

9

without prejudice for Petitioner’s failure to comply with an

10
11

Petitioner is INFORMED that if he fails to

order of the Court.
Accordingly, it is hereby ORDERED that Petitioner is GRANTED

12

twenty-one (21) days from the date of service of this order to

13

complete, sign, and return the consent or decline portion of the

14

Court’s order re: consent or request for reassignment.

15
16
17

IT IS SO ORDERED.
Dated:
10c20k

January 8, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28
3