McCoy v. Garikaparthi et al

Filing 44

ORDER DIRECTING Defendants to Consent or Decline United States Magistrate Judge Jurisdiction within Ten Days, signed by Magistrate Judge Barbara A. McAuliffe on 12/22/2016. ( 10-Day Deadline) (Attachments: # 1 Consent/Decline Form)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,

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Plaintiff,
v.

Case No. 1:13-cv-01495-BAM (PC)
ORDER DIRECTING DEFENDANTS TO
CONSENT OR DECLINE UNITED STATES
MAGISTRATE JUDGE JURISDICTION
WITHIN TEN DAYS

M. GARIKAPARTHI, et al.,
RESPONSE DUE IN 10 DAYS
Defendants.

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Plaintiff Lakeith L. McCoy (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983. This action currently proceeds on

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Plaintiff’s first amended complaint, filed November 17, 2014, against defendants M.

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Garikaparthi, A. Steiber, J. Keeler, and T. Chavez (“Defendants”) for failure to provide adequate

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food in violation of the Eighth Amendment. (ECF No. 10.)

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This action is currently assigned only to the undersigned based on Plaintiff’s consent to

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United States Magistrate Judge jurisdiction. (ECF No. 7.) However, the record reflects that

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Defendants have not filed valid consent or decline forms despite appearing in this action.

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Therefore, Defendants shall notify the Court within ten (10) days from the date of service of this

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order whether they consent to or decline United States Magistrate Judge jurisdiction.

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Accordingly, the Court HEREBY ORDERS that:
1. The Clerk of the Court is directed to send Defendants a copy of the consent/decline form
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and the instructions for consent to Magistrate Judge jurisdiction; and
2. Defendants shall complete and return the consent or request for reassignment forms within
ten (10) days of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 22, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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