(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NATHAN HUNTER, 12 Plaintiff, 13 v. 14 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., 15 Defendants. 16 ORDER DIRECTING CLERK OF COURT TO SERVE BLANK CONSENT/DECLINE FORM ON PLAINTIFF THIRTY (30) DAY DEADLINE 17 18 Plaintiff Nathan Hunter (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against 20 Defendants Cui,1 Thompson, Fisher, and Hernandez for excessive force in violation of the Eighth 21 Amendment. On May 5, 2022, Plaintiff filed a “Motion Requesting to Consent to Magistrate Judge.” 22 23 (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 24 25 to conduct this civil action, including trial, before a Magistrate Judge. Fed. R. Civ. P. 73(a). 26 Plaintiff is free to withhold his consent to Magistrate Judge jurisdiction without adverse 27 28 1 Erroneously sued as “Chi.” 1 1 2 substantive consequences. If Plaintiff wishes to consent to Magistrate Judge jurisdiction, he may submit a 3 consent/decline form with a signature in the appropriate box and file it with the Court. The Court 4 will direct the Clerk of the Court to send Plaintiff a copy of a blank consent/decline form. Only 5 court staff and attorneys will be able to view the contents of the form. 6 Accordingly, IT IS HEREBY ORDERED as follows: 7 8 9 10 11 12 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. 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Barbara May 7, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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