Barkley v. California Correctional Health Care Services, et al.

Filing 48

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/26/2017 ORDERING the Clerk to randomly assign a District Judge to this case. Plaintiff's 47 motion for reconsideration is hereby REFERRED to US District Judge Morrison C. England, Jr. The Clerk is further directed to send defendants copies of the form Consent to Proceed Before a US Magistrate Jude and defendants shall file the form indicating whether they consent or decline magistrate jurisdiction within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERMAINE BARKLEY, 12 No. 2:16-cv-1386 CKD P Plaintiff, 13 v. 14 C. SMITH, et al., 15 ORDER Defendants. 16 17 Plaintiff is a California state prisoner proceeding pro se in this civil rights action pursuant 18 to 42 U.S.C. § 1983. Plaintiff has filed a consent to proceed before the undersigned Magistrate 19 Judge. ECF Nos. 5, 7. However, defendants have not indicated whether they consent or decline 20 magistrate judge jurisdiction. See ECF No. 13. The court now finds that assignment of a District 21 Judge is necessary to properly address pending matters in this case. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. 24 2. Plaintiff’s motion to reconsider, ECF No. 47, is hereby referred to the District Judge 25 26 27 28 The Clerk of the Court is directed to randomly assign a District Judge to this case; assigned to this case; and, 3. The Clerk is further directed to send defendants copies of the form Consent to Proceed Before a United States Magistrate Judge; and, 4. Defendants are ordered to file the form indicating whether they consent or decline 1 1 2 magistrate judge jurisdiction within 14 days from the date of this order. Dated: December 26, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 12/bark1386.referdj.docx 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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