Melendez v. Biter et al

Filing 52

ORDER Regarding Consent to Magistrate Judge Jurisdiction; ORDER DIRECTING Clerk of Court to Send Consent Form to Defendants, signed by District Judge Anthony W. Ishii on 9/26/16: 20-Day Deadline. (Hellings, J)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6
EASTERN DISTRICT OF CALIFORNIA

7
8
9

CAYETANO MELENDEZ,

10

Plaintiff,

11

v.

12

HUNT, et al.,

13

Defendants

14
15

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

1:13-cv-00279-AWI-BAM (PC)
ORDER REGARDING CONSENT TO
MAGISTRATE JUDGE JURISDICTION
ORDER DIRECTING CLERK OF COURT
TO SEND CONSENT FORM TO
DEFENDANTS

Plaintiff Cayetano Melendez (“Plaintiff”) is a prisoner proceeding pro se and in forma

16
17

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 20, 2016,

18

Defendants’ motion for summary judgment was granted in part and denied in part. (ECF No. 51.)

19

This case is now ready to be set for jury trial on Plaintiff’s claims against Defendant Hunt for

20

excessive force and deliberate indifference to a serious medical need, and against Defendants

21

Cruz and Arreola1 for the failure to intercede.

22

Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno

23

Division of the Eastern District of California now has one of the heaviest District Judge caseload

24

in the entire nation. While the Court will use its best efforts to resolve this case and all other civil

25

cases in a timely manner, the parties are admonished that not all of the parties’ needs and

26

expectations may be met as expeditiously as desired. Multiple trials are being set on the Court’s

27
28

1

Erroneously sued as Defendant L. “Arriola.”
1

1

calendar to begin upon the same date. Parties whose trials are set to begin on the same day as

2

other cases may find their own case trailing with little notice before their trial is set to begin. The

3

law requires the Court give any criminal case priority over civil trials and other matters, and the

4

Court must proceed with criminal trials even if a civil trial is older or was set earlier. If multiple

5

trials are scheduled to begin on the same day, a civil trial will trail day to day or week to week

6

until completion of any criminal case or older civil case.
The parties are reminded of the availability of a United States Magistrate Judge to

7
8

conduct all proceedings in this action. A United States Magistrate Judge is available to conduct

9

trials, including entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c), Federal Rule

10

of Civil Procedure 73, and Local Rule 305. Plaintiff consented to Magistrate Judge jurisdiction

11

on December 5, 2014. (ECF No. 31), and Defendants declined Magistrate Judge jurisdiction on

12

November 21, 2014. (ECF No. 30.) Now that this case is ready for a trial setting, the Court will

13

direct the Clerk of the Court to provide Defendants with the Court’s standard form to consent to

14

or decline Magistrate Judge jurisdiction. Within twenty (20) days of this order’s date of service,

15

the Defendants shall either consent to or decline Magistrate Judge jurisdiction by filling out the

16

requisite forms and returning them to the Court. The parties are advised that the same jury pool is

17

used by both United States Magistrate Judges and United States Article III District Court Judges.

18

Any appeal from a judgment entered by a United States Magistrate Judge is taken directly to the

19

United States Court of Appeal for the Ninth Circuit.

20

Finally, for the parties’ information, the Fresno Division whenever possible is utilizing

21

United States Article III District Court Judges from throughout the country as Visiting Judges.

22

Pursuant to the Local Rules, Appendix A, such reassignments will be random, and the parties

23

will receive no advance notice before their case is reassigned to an Article III District Court

24

Judge from outside of the Eastern District of California.
The parties are hereby informed that no substantive rulings or decisions will be affected

25
26

by whether a party chooses to consent.

27

///

28

///
2

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

that will allow them to consent or decline Magistrate Judge Jurisdiction;

3
4

The Clerk of the Court is DIRECTED to provide the Defendants with the forms

2.

Within twenty (20) days from this order’s date of service, the Defendants shall

5

notify the Court whether they consent to or decline Magistrate Judge jurisdiction

6

by filling out the enclosed forms and returning them to the Court; and

7
8

3.

Following receipt of the consent/decline form from Defendants, this case will be
set for trial before either the Magistrate Judge or the undersigned.

9
10

IT IS SO ORDERED.

11

Dated: September 26, 2016

12

SENIOR DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3