Flynn v. Canlas, et al.

Filing 25

ORDER Directing Defendant Malakkla to Consent or Decline to United States Magistrate Judge Jurisdiction signed by Magistrate Judge Barbara A. McAuliffe on 10/15/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID FLYNN, 12 Case No. 1:16-cv-01052-AWI-BAM (PC) Plaintiff, 13 v. 14 ORDER DIRECTING DEFENDANT MALAKKLA TO CONSENT OR DECLINE TO UNITED STATES MAGISTRATE JUDGE JURISDICTION CANLAS, et al., 15 TEN (10) DAY DEADLINE Defendants. 16 17 Plaintiff David Flynn (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds against 19 Defendants Maddox and Malakkla for deliberate indifference to serious medical needs in 20 violation of the Eighth Amendment. 21 The record reflects that Defendant Malakkla has not filed a valid consent or request for 22 reassignment form despite appearing in this action. Therefore, Defendant Malakkla shall notify 23 the Court within ten (10) days from the date of service of this order whether he consents to or 24 declines United States Magistrate Judge jurisdiction. 25 Accordingly, the Court HEREBY ORDERS that: 26 1. The Clerk of the Court is directed to send Defendant Malakkla a copy of the consent or 27 request for reassignment form and the instructions for consent to Magistrate Judge 28 jurisdiction; and 1 1 2 2. Defendant Malakkla shall complete and return the consent or request for reassignment form within ten (10) days of service of this order. 3 4 5 IT IS SO ORDERED. Dated: /s/ Barbara October 15, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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