Yearby v. California Department of Corrections et al

Filing 102

ORDER signed by Magistrate Judge Kendall J. Newman on 10/1/10 ORDERING that Defendant shall, within 30 days after the filing date of this order, file an answer to plaintiffs Fourth Amended Complaint; and Clerk of Court is directed to redesignate this action as a consent case.(Dillon, M)

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(PC) Yearby v. California Department of Corrections et al Doc. 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 / 16 17 18 19 20 21 22 23 24 25 26 On September 22, 2010, the district judge adopted this court's findings and recommendations filed July 21, 2010. (Dkt. Nos. 97, 100.) Pursuant to that order, this case proceeds on plaintiff's Fourth Amended Complaint filed July 21, 2009 (Dkt. No. 59), although plaintiff's state constitutional claim has been dismissed. Both parties (plaintiff and sole remaining defendant Dudley) have now consented to the jurisdiction of the magistrate judge, and the district judge has reassigned this case to the undersigned magistrate judge for all purposes pursuant to 28 U.S.C. 636(c). (Dkt. No. 101.) Accordingly, IT IS HEREBY ORDERED that: 1. Defendant shall, within thirty days after the filing date of this order, file an answer to plaintiff's Fourth Amended Complaint; and 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARKUS TRUVELL YEARBY, Plaintiff, vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., ORDER No. 2:07-cv-02800 KJN P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 year2800.ord.answr 2. The Clerk of Court is directed to redesignate this action as a "consent" case pursuant to 28 U.S.C. 636(c). SO ORDERED. DATED: October 1, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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