Cervantes v. Salazar

Filing 23

ORDER signed by Magistrate Judge Dennis M. Cota on 08/01/19 ORDERING the clerk of the court is directed to forward to defendant the court's consent notice and form; and defendant shall complete and file the consent election form within 30 days of the date of this order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SALVADOR CERVANTES,

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Plaintiff,

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No. 2:15-CV-2686-DMC-P

v.

ORDER

SALAZAR,

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Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983.

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The parties are informed that they may, if all consent in writing, have this case

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assigned to the United States Magistrate Judge for all purposes while preserving their right to

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appeal any final judgment directly to the United States Court of Appeals for the Ninth Circuit or,

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where appropriate, to the United States Court of Appeals for the Federal Circuit. See 28 U.S.C.

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§ 636(c)(1), (3); see also Fed. R. Civ. P. 73(b)(1); E.D. Cal. Local Rule 305(a), (c). The parties

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are advised that they are free to withhold consent and that doing so shall not result in any adverse

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consequences. See § 636(c)(2). If all parties consent to Magistrate Judge jurisdiction, the action

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will be reassigned to the undersigned for all purposes, including entry of final judgment. See

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Local Rule 301 and Local Rule 305(b).

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A review of the record reflects that all parties to this action have not filed a written

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election regarding consent to the exercise of full jurisdiction by the Magistrate Judge.1 The Clerk

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of the Court will be directed to provide defendant with the appropriate form which defendant

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shall then complete, indicating either consent or non-consent as he may choose, and file with the

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court.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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consent notice and form; and

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The Clerk of the Court is directed to forward to defendant the court’s

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Defendant shall complete and file the consent election form within 30 days

of the date of this order.

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Dated: August 1, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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Plaintiff has consented to Magistrate Judge jurisdiction. See ECF No. 4.
Defendant has not informed the court regarding consent.
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