Rowland v. Beard et al

Filing 27

ORDER Directing Defendants to Consent or Decline to United States Magistrate Judge Jurisdiction signed by Magistrate Judge Barbara A. McAuliffe on 07/18/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CASEY LEE ROWLAND, 12 Plaintiff, 13 14 v. Case No. 1:15-cv-01475-BAM (PC) ORDER DIRECTING DEFENDANTS TO CONSENT OR DECLINE TO UNITED STATES MAGISTRATE JUDGE JURISDICTION BEARD, et al., TEN (10) DAY DEADLINE 15 Defendants. 16 Plaintiff Casey Lee Rowland (“Plaintiff”) is a state prisoner proceeding pro se and in 17 18 forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action currently proceeds 19 on Plaintiff’s first amended complaint for: (1) an Eighth Amendment claim against Defendants 20 Vasquez, Leon, Llamas, and Pavich in their individual capacities arising out of allegations of 21 sewage overflowing into Plaintiff’s cell and lack of cleaning supplies; (2) an Eighth Amendment 22 claim against Defendant Leon in her individual capacity arising out of allegations that Defendant 23 Leon labelled Plaintiff a snitch; (3) an Eighth Amendment claim for deliberate indifference to 24 serious medical needs against Defendant Melo in his individual capacity; and (4) a First 25 Amendment retaliation claim against Defendant Leon in her individual capacity. (ECF Nos. 13, 26 14.) 27 28 This action is currently assigned only to the undersigned based on Plaintiff’s consent to United States Magistrate Judge jurisdiction. (ECF No. 7.) However, the record reflects that 1 1 Defendants Llamas, Melo, Pavich, Leon, and Vasquez have not filed valid consent or request for 2 reassignment forms despite filing a motion for summary judgment in this action. Therefore, 3 Defendants Llamas, Melo, Pavich, Leon, and Vasquez shall notify the Court within ten (10) days 4 from the date of service of this order whether they consent to or decline United States Magistrate 5 Judge jurisdiction. 6 Accordingly, the Court HEREBY ORDERS that: 7 1. The Clerk of the Court is directed to send Defendants Llamas, Melo, Pavich, Leon, and 8 Vasquez a copy of the consent or request for reassignment form and the instructions for 9 consent to Magistrate Judge jurisdiction; and 10 11 2. Defendants shall complete and return the consent or request for reassignment forms within ten (10) days of service of this order. 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara July 18, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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