Ivan Lee Matthews v. Liles et al

Filing 46

ORDER DIRECTING Defendants to Consent or Decline to United States Magistrate Judge Jurisdiction; Ten (10) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 7/12/2017. (Attachments: # 1 Consent/Decline)(Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IVAN LEE MATTHEWS, 12 Plaintiff, 13 v. 14 Case No. 1:14-cv-00083-BAM (PC) ORDER DIRECTING DEFENDANTS TO CONSENT OR DECLINE TO UNITED STATES MAGISTRATE JUDGE JURISDICTION R. LILES, et al., TEN (10) DAY DEADLINE 15 Defendants. 16 Plaintiff Ivan Lee Matthews (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action under 42 U.S.C. § 1983. This action currently proceeds on 19 Plaintiff’s fourth amended complaint, filed on May 28, 2015, against Defendants Liles, Sherrett, 20 and Cable for retaliation and denial of access to the courts in violation of the First Amendment, 21 arising from the denial of Plaintiff’s legal papers. (ECF No. 22.) This action is currently assigned only to the undersigned based on Plaintiff’s consent to 22 23 United States Magistrate Judge jurisdiction. (ECF No. 5.) However, the record reflects that 24 Defendants Liles, Sherrett, and Cable have not filed valid consent or request for reassignment 25 forms despite filing a motion to dismiss in this action. Therefore, Defendants Liles, Sherrett, and 26 Cable shall notify the Court within ten (10) days from the date of service of this order whether 27 they consent to or decline United States Magistrate Judge jurisdiction. 28 /// 1 1 2 Accordingly, the Court HEREBY ORDERS that: 1. The Clerk of the Court is directed to send Defendants Liles, Sherrett, and Cable a copy of 3 the consent or request for reassignment form and the instructions for consent to Magistrate 4 Judge jurisdiction; and 5 6 2. Defendants shall complete and return the consent or request for reassignment forms within ten (10) days of service of this order. 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara July 12, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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