McKinney v. Hedgpeth

Filing 16

ORDER signed by Magistrate Judge Gary S. Austin on 6/23/2015 discharging 12 Order to Show Cause; setting Briefing Schedule and directing Respondent to file a response to 1 Petition. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. (Consent or Decline due by 8/27/2015). (Attachments: # 1 Petition, # 2 Consent Form). (Lundstrom, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

ALONZO MCKINNEY,

Case No.

1:15−CV−00059−GSA

Plaintiff(s)/Petitioner(s),
ORDER RE CONSENT
OR REQUEST FOR REASSIGNMENT

vs.
HEDGPETH,
Defendant(s)/Respondents(s).

This case was randomly assigned to a Magistrate Judge. A Magistrate Judge may perform the duties assigned pursuant to
28 U.S.C § 636(c) and Eastern District Local Rule 302. However, a Magistrate Judge may not preside over the trial in this case or
make dispositive rulings without all parties' written consent. 28 U.S.C. § 636(c). If the parties do consent, a Magistrate Judge may
conduct all proceedings and enter judgment in the case subject to direct appellate review by the Ninth Circuit Court of Appeals. If
a party declines to consent, a Magistrate Judge shall continue to perform all duties as required by Eastern District Local Rule 302.
Therefore, within 30 days, the parties shall complete and return this form to the court.
However, the parties are advised that they are free to withhold consent without adverse substantive consequences.
IT IS SO ORDERED.
Dated:

1/13/15

/s/ − Gary S. Austin
United States Magistrate Judge

IMPORTANT: You must check and sign only one section of this form and return it to the Clerk's Office within 30 days.

CONSENT TO JURISDICTION OF A UNITED STATES MAGISTRATE JUDGE
The undersigned hereby voluntarily consents to have a United States Magistrate Judge conduct all further proceedings in this case.

Date: ___________________

Signature: _______________________________

Print Name: ______________________________
( ) Plaintiff/Petitioner ( ) Defendant/Respondent ( ) Counsel for *

DECLINE OF JURISDICTION OF A UNITED STATES MAGISTRATE JUDGE AND REQUEST FOR
REASSIGNMENT TO UNITED STATES DISTRICT JUDGE

The undersigned declines to consent to a United States Magistrate Judge and requests random assignment to a United States
District Judge.
Date: ___________________

Signature: _______________________________
Print Name: ______________________________
( ) Plaintiff/Petitioner ( ) Defendant/Respondent ( ) Counsel for *

*If counsel of record, list name of each party responding: _______________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________