Jaimes v. Barnes et al

Filing 95

ORDER REGARDING CONSENT TO UNITED STATES MAGISTRATE JUDGE JURISDICTION AND DIRECTING CLERK OF COURT TO SEND PARTIES CONSENT/DECLINE FORM signed by Chief Judge Lawrence J. O'Neill on 6/14/2017. (Filing Deadline: 7/7/2017). (Attachments: # 1 Consent Form). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN JAIMES,

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Plaintiff,

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v.
NEIGHBORS,

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Defendant.

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Case No.: 1:14-cv-00952-LJO-SAB (PC)
ORDER REGARDING CONSENT TO UNITED
STATES MAGISTRATE JUDGE JURISDICTION
AND DIRECTING CLERK OF COURT TO SEND
PARTIES CONSENT/DECLINE FORM

Plaintiff Juan Jaimes is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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This action proceeds against Defendant Neighbors for deliberate indifference to a serious

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medical need in violation of the Eighth Amendment. No dispositive motion having been filed by

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Defendant Neighbors, this case is ready to proceed to trial.

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Plaintiff declined Magistrate Judge jurisdiction on July 11, 2014. (ECF No. 7.) Defendant has

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not consented or declined magistrate judge jurisdiction. Now that the case is ready to be set for trial,

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the parties are advised of the following important information about scheduling and trailing cases

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before the undersigned:1

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Withholding consent or declining jurisdiction of a magistrate judge for all purposes will have no effect on the merits of a
party’s case or have any adverse substantive consequences.

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District Court Judges of the Fresno Division of the Eastern District of California have one of

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the heaviest caseloads in the nation. As a result, each District Judge schedules multiple trials to begin

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on every available trial date. The law requires that the court give any criminal trials priority over civil

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trials or any other matter. A civil trial set to begin while a criminal trial is proceeding will “trail”, i.e.,

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await the completion of, the criminal trial.

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The Court cannot give advance notice of which cases will trail or for how long because the

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Court does not know which cases actually will go to trial or precisely how long each will last. Once

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your trial date arrives, counsel, parties and witnesses must remain on 24-hour-stand-by until a court

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opens. Since continuance to a date certain would simply postpone, but not solve, the problem,

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continuances of a civil trial will no longer be entertained, absent a specific and stated finding of good

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cause. The Court will use its best efforts to mitigate the effect of the foregoing and to resolve all cases

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in a timely manner.

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One alternative is for the parties to consent to a United States Magistrate Judge conducting all

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

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of Civil Procedure 73, and Local Rule 305. The Eastern District Magistrate Judges, all experienced

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former trial lawyers, use the same jury pool and same court facilities as United States District Court

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Judges.

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schedule firm trial dates. Judgment was entered by a United States Magistrate Judge is appealable

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directly to the United States Court of Appeal for the Ninth Circuit.

Since Magistrate Judges do not conduct felony trials, they have greater flexibility and

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As another response to its large caseload, the Fresno division of the Eastern District of

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California is assigning cases, whenever possible, to Article III District Court Judges from around the

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nation as Visiting Judges. Pursuant to the Local Rules, Appendix A, such reassignments will be

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random, and the parties will receive no advance notice before their case is reassigned to an Article III

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District Court Judge from outside of the Eastern District of California.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Clerk’s Office shall send the parties the consent/decline form;

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2.

Within twenty (20) days from the date of service of this order, the parties may

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return the consent/decline form to the Court; and
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After the twenty (20) day deadline, if both parties have not consented to

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magistrate judge jurisdiction, the matter will be set for jury trial before the

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undersigned.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

June 14, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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