Anderson v. Fresno County Jail

Filing 5

ORDER TO FILE CONSENT OR DECLINE FORM OR SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE TO OBEY A COURT ORDER AND ORDER TO CLERK'S OFFICE TO SEND PLAINTIFF A SECOND ORDER RE CONSENT OR DECLINE TO MAGISTRATE JURISDICTION AND BLANK IFP APPLICATION FOR A PRISONER signed by Magistrate Judge Barbara A. McAuliffe on 10/12/2016. Show Cause Response due by 10/31/2016. (Attachments: # 1 IFP Application, # 2 Order re Consent)(Lundstrom, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

SAMANTHA ANDERSON,

Case No.

1:16−CV−01200−BAM

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

vs.
FRESNO COUNTY JAIL,
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:

8/17/16

/s/ − Barbara A. McAuliffe
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.
Signature: _________________________________________
Date: __________________________
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.
Signature: _________________________________________
Date: __________________________
Print Name: ________________________________________
( ) Plaintiff/Petitioner ( ) Defendant/Respondent ( ) Counsel for *

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