Bryant v. Romero et al
ORDER Requiring Defendants to Notify Court Whether They Consent to Magistrate Judge Jurisdiction by January 20, 2017; and ORDER Directing Clerk's Office to Send Consent/Decline Forms to Defendants signed by Magistrate Judge Gary S. Austin on 1/13/2017. (Attachments: # 1 Consent Form). (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
KEVIN D. BRYANT,
R. ROMERO, et al.,
ORDER REQUIRING DEFENDANTS
TO NOTIFY COURT WHETHER
THEY CONSENT TO MAGISTRATE
JUDGE JURISDICTION BY JANUARY
ORDER DIRECTING CLERK=S
OFFICE TO SEND
CONSENT/DECLINE FORMS TO
Kevin D. Bryant (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint
commencing this action on December 26, 2012. (ECF No. 1.) This case now proceeds with
the First Amended Complaint filed by Plaintiff on December 2, 2013, against defendants
Lieutenant C. Waddle and Correctional Officer E. Castellanos, on Plaintiff’s First Amendment
claim for retaliation. (ECF No. 16.) The events in the complaint allegedly occurred at Kern
Valley State Prison (KVSP) when Plaintiff was incarcerated there in the custody of the
California Department of Corrections and Rehabilitation (CDCR).
On March 18, 2013, Plaintiff consented to the jurisdiction of a Magistrate Judge
pursuant to 28 U.S.C. ' 636(c). (ECF No. 9.) On April 6, 2015, defendants Waddle and
Castellanos declined Magistrate Judge jurisdiction. (ECF No. 27.) Since that time this case has
been reassigned to District Judge Dale A. Drozd and Magistrate Judge Gary S. Austin. In light
of the reassignment of judges, the Court requests Defendants to reconsider whether they will
consent to Magistrate Judge jurisdiction.
consent/decline form, indicating whether they consent to or decline Magistrate Jurisdiction, and
return the form to the Court on or before January 20, 2017, for filing.
Defendants shall complete the enclosed
Accordingly, IT IS HEREBY ORDERED that:
The Clerk is directed to send the Court’s consent/decline form to defendants
Waddle and Castellanos; and
On or before January 20, 2017, defendants Waddle and Castellanos shall
complete the enclosed consent/decline form and return it to the Court for filing.
IT IS SO ORDERED.
January 13, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?