Clation v. Pendleton et al

Filing 9

ORDER Vacating Findings and Recommendations of March 13, 2013 7 ; ORDER for Clerk to Send Consent/Decline Form to Plaintiff, signed by Magistrate Judge Gary S. Austin on 4/1/13. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRONE CLATION,

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1:12-cv-01974-LJO-GSA-PC

Plaintiff,

ORDER VACATING FINDINGS
AND RECOMMENDATIONS OF
MARCH 13, 2013
(Doc. 7.)

vs.
CARLA PENDLETON, et al.,

ORDER FOR CLERK TO SEND
CONSENT/DECLINE FOR TO
PLAINTIFF

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Defendants.

THIRTY DAY DEADLINE FOR
PLAINTIFF TO RETURN FORM
TO COURT

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/

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Plaintiff is a prisoner proceeding with pro se with this civil rights action pursuant to 42

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U.S.C. ' 1983. On March 13, 2013, the undersigned issued findings and recommendations to

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dismiss this action for Plaintiff’s failure to comply with the Court’s orders to complete and

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submit the Court’s form (consent/decline form) indicating whether he consents to or declines

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the jurisdiction of a Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Doc. 7.) On March 28,

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2013, Plaintiff filed objections to the findings and recommendations, asserting that he never

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received the Court’s consent/decline form, and that he wishes to consent to Magistrate Judge

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Jurisdiction. In light of Plaintiff’s objections, the findings and recommendations shall be

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vacated, and the Clerk shall be directed to send Plaintiff a new consent/decline form. Plaintiff

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is required to complete and return the form to the Court within thirty days.
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Based on the foregoing, IT IS HEREBY ORDERED that:

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The findings and recommendations issued on March 13, 2013, are VACATED;

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The Clerk is DIRECTED to send Plaintiff the Court’s consent/decline form;

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3.

Within thirty days from the date of service of this order, Plaintiff shall complete

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and return the consent/decline form, indicating whether he consents to or

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declines the jurisdiction of a Magistrate Judge in this action; and

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4.

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Plaintiff’s failure to comply with this order shall result in a recommendation that
this case be dismissed.

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IT IS SO ORDERED.

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Dated:

April 1, 2013

/s/ Gary S. Austin

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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