Kietty v. Walker et al

Filing 34

ORDER DIRECTING Defendants to Consent to or Decline United States Magistrate Judge Jurisdiction Within Fifteen Days, signed by Magistrate Judge Stanley A. Boone on 4/24/2015. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

HUSSEIN ALI KIETTY,

12
13
14

15

Plaintiff,
v.
A. WALKER, et al.,
Defendants.

16
17
18

)
)
)
)
)
)
)
)
)
)

Case No.: 1:13-cv-00312-SAB (PC)
ORDER DIRECTING DEFENDANTS TO
CONSENT TO OR DECLINE UNITED STATES
MAGISTRATE JUDGE JURISDICTION WITHIN
FIFTEEN DAYS

Plaintiff Hussein Ali Kietty is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

19

This action is proceeding on Plaintiff’s claim for failure to protect against Defendants Walker,

20

Deathriage, Rumbles, and Silva, excessive force against Defendants Walker, Asotrga, Deathriage,

21

Brumbaugh, Silva, and Duty, and retaliation against Defendants Deathriage and Silva. (ECF No. 27.)

22

On March 20, 2013, Plaintiff consented to magistrate judge jurisdiction pursuant to 28 U.S.C.

23
24

§ 636(c). (ECF No. 6.)
On May 30, 2014, Defendants Deathriage, Duty, Walker, Brumbaugh, Silva, and Astorga filed

25

an answer to the complaint. (ECF No. 15.) On June 2, 2014, the Court issued the discovery and

26

scheduling order, setting the dispositive motion deadline of April 13, 2015. (ECF No. 15.)

27

Pursuant to permission by the Court, Plaintiff filed a first amended complaint on September 22,

28

2014, and Defendants filed an answer to the amended complaint on November 5, 2014. (ECF Nos. 25,
1

1

28.) The Court did not issue a new discovery and scheduling order, and therefore the June 2, 2014,

2

order remained in full force and effect. To date, no dispositive motions have been filed, and this case

3

is now ready to proceed to trial.

4

The Fresno Division of the Eastern District of California now has the heaviest District Judge

5

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

6

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

7

expectations may be met as expeditiously as desired. As multiple trials are now being set to begin

8

upon the same date, parties may find their case trailing with little notice before the trial begins when

9

the case is heard before a United States District Judge. The law requires the Court give any criminal

10

case priority over civil trials and other matters, and the Court must proceed with criminal trials even if

11

a civil trial is older or was set earlier. Continuances of civil trials under these circumstances will no

12

longer be entertained, absent a specific and stated finding of good cause. If multiple trials are

13

scheduled to begin on the same day, this civil trial will trail day to day or week to week until

14

completion of any criminal case or older civil case.

15

The parties are advised of the availability of a United States Magistrate Judge to conduct all

16

proceedings in this action. A United States Magistrate Judge is available to conduct trials, including

17

entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73,

18

and Local Rule 305. The Court will direct the Clerk of the Court to provide Defendants with the

19

Court’s standard form to consent to or decline Magistrate Judge jurisdiction. Within ten days of this

20

order’s date of service, Defendants shall either consent to or decline Magistrate Judge jurisdiction by

21

filling out the requisite forms and returning them to the Court. Defendants should take note of the

22

Court’s expedited trial setting procedures set forth in Court’s September 5, 2014, when making their

23

determination.

24

Based on the foregoing, it is HEREBY ORDERED that:

25

1.

The Clerk of the Court is DIRECTED to send to Defendants Deathriage, Duty, Walker,

26

Brumbaugh, Silva, and Astorga a copy of the consent/decline form and the instructions for consent to

27

Magistrate Judge jurisdiction; and

28

///
2

2.

1

Within fifteen (15) days from the date of service of this order, Defendants Deathriage,

2

Duty, Walker, Brumbaugh, Silva, and Astorga shall complete and return the Consent or Request for

3

Reassignment form.

4
5

IT IS SO ORDERED.

6

Dated:

7

April 24, 2015
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14

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