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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASEY LEE ROWLAND,

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Plaintiff,

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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

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Defendants.

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Plaintiff Casey Lee Rowland (“Plaintiff”) is a state prisoner proceeding pro se and in

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

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on Plaintiff’s first amended complaint for: (1) an Eighth Amendment claim against Defendants

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Vasquez, Leon, Llamas, and Pavich in their individual capacities arising out of allegations of

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sewage overflowing into Plaintiff’s cell and lack of cleaning supplies; (2) an Eighth Amendment

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claim against Defendant Leon in her individual capacity arising out of allegations that Defendant

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Leon labelled Plaintiff a snitch; (3) an Eighth Amendment claim for deliberate indifference to

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serious medical needs against Defendant Melo in his individual capacity; and (4) a First

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Amendment retaliation claim against Defendant Leon in her individual capacity. (ECF Nos. 13,

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14.)

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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
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Defendants Llamas, Melo, Pavich, Leon, and Vasquez have not filed valid consent or request for

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reassignment forms despite filing a motion for summary judgment in this action. Therefore,

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Defendants Llamas, Melo, Pavich, Leon, and Vasquez shall notify the Court within ten (10) days

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from the date of service of this order whether they consent to or decline United States Magistrate

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Judge jurisdiction.

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Accordingly, the Court HEREBY ORDERS that:

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1. The Clerk of the Court is directed to send Defendants Llamas, Melo, Pavich, Leon, and

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Vasquez a copy of the consent or request for reassignment form and the instructions for

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consent to Magistrate Judge jurisdiction; and

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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

July 18, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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