(PC) Hunter v. Fisher et al

Filing 76

ORDER GRANTING IN PART Plaintiff's 75 Motion Requesting to Consent to Magistrate Judge; ORDER DIRECTING Clerk of Court to Serve Blank Consent/Decline Form on Plaintiff; Thirty (30) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 5/7/2022. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHAN HUNTER,

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Plaintiff,

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v.

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Case No. 1:19-cv-00625-AWI-BAM (PC)
ORDER GRANTING IN PART PLAINTIFF’S
MOTION REQUESTING TO CONSENT TO
MAGISTRATE JUDGE
(ECF No. 75)

FISHER, et al.,

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Defendants.

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ORDER DIRECTING CLERK OF COURT TO
SERVE BLANK CONSENT/DECLINE FORM
ON PLAINTIFF
THIRTY (30) DAY DEADLINE

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Plaintiff Nathan Hunter (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against

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Defendants Cui,1 Thompson, Fisher, and Hernandez for excessive force in violation of the Eighth

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Amendment.
On May 5, 2022, Plaintiff filed a “Motion Requesting to Consent to Magistrate Judge.”

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(ECF No. 75.) In the motion, Plaintiff asks if he can consent to a Magistrate Judge. (Id.)
Plaintiff is informed that pursuant to Federal Rule of Civil Procedure 73, he may consent

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to conduct this civil action, including trial, before a Magistrate Judge. Fed. R. Civ. P. 73(a).

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Plaintiff is free to withhold his consent to Magistrate Judge jurisdiction without adverse

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Erroneously sued as “Chi.”
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substantive consequences.
If Plaintiff wishes to consent to Magistrate Judge jurisdiction, he may submit a

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consent/decline form with a signature in the appropriate box and file it with the Court. The Court

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will direct the Clerk of the Court to send Plaintiff a copy of a blank consent/decline form. Only

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court staff and attorneys will be able to view the contents of the form.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s motion requesting to consent to Magistrate Judge, (ECF No. 75), is GRANTED
IN PART, as discussed above;
2. The Clerk of the Court is directed to serve Plaintiff a blank copy of the consent/decline
form at his current address of record; and
3. Plaintiff’s signed consent/decline of U.S. Magistrate Judge jurisdiction form is due thirty
(30) days from the date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 7, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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