Hood v. Mims et al

Filing 63

ORDER Granting Plaintiff's 62 Motion Regarding Consent to Magistrate Judge Jurisdiction, signed by Magistrate Judge Barbara A. McAuliffe on 10/6/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT LEE HOOD,

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Plaintiff,

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v.

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CHUNA,

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Defendant.

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Case No.: 1:13-cv-00108-LJO-BAM (PC)
ORDER GRANTING PLAINTIFF’S MOTION
REGARDING CONSENT TO MAGISTRATE
JUDGE JURISDICTION
[ECF No. 62]

Plaintiff Albert Lee Hood is proceeding pro se and in forma pauperis in this civil rights action.

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This matter proceeds on Plaintiff’s claim against Defendant Adleno Cunha, Jr., for deliberate

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indifference to Plaintiff’s serious medical needs.

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On September 19, 2017, the Court issued an order directing the Clerk of the Court to send a

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consent/decline form to Plaintiff regarding whether he would like to consent to a United States

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Magistrate Judge conducting all proceedings, including trial and entry of final judgment. (ECF No.

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61.) Plaintiff had previously declined to consent to proceed before a Magistrate Judge for all purposes

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in this matter. (ECF No. 5.) Plaintiff was permitted twenty days from the date of that order to return a

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consent/decline form.

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Currently before the Court is Plaintiff’s motion to consent to Magistrate Judge jurisdiction,

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filed on October 5, 2017. (ECF No. 62.) Plaintiff states in the motion that he moves to rescind his

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previous decision to decline to proceed before a United States Magistrate Judge for all purposes, and

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that upon further consideration, he would like to instead consent to such jurisdiction.
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Although Plaintiff did not return the Court’s usual form, the Court finds that Plaintiff intends to

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now consent for a United States Magistrate Judge to preside over all matters in this action, including

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trial and the entry of judgment, pursuant to § 28 U.S.C. 636(c) and Local Rule 305.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to consent to the jurisdiction of
a United States Magistrate Judge, (ECF No. 62), is granted.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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