This case, in which plaintiff was originally proceeding pro se, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On March 7, 2011, plaintiff filed a complaint in this action and paid the filing fee. Dckt. No. 1. The same day, the court issued its initial scheduling order. Dckt. No. 4. Among other things, that order directed plaintiff to complete service of process within 120 days (see Federal Rule of Civil Procedure ("Rule") 4(m)), set a scheduling conference for July 13, 2011, and directed the parties to file status reports no later than fourteen days prior to the July 13, 2011 scheduling conference (or by June 29, 2011). Id.
On July 1, 2011, because plaintiff had not filed a status report, as required by the March 7 order, and had not yet effected service of process on defendant, the undersigned issued an order continuing the status conference and directing plaintiff to show cause why this case should not be dismissed for failure to follow court orders and for failure to effect service of process within the time prescribed by Rule 4(m). Dckt. No. 11.
However, also on July 1, 2011, attorney Ronald Carter filed a notice of appearance on plaintiff's behalf and a status report. Dckt. Nos. 9, 10. In light of those filings, the July 1, 2011 order to show cause will be discharged. Additionally, because plaintiff is now represented by counsel, the referral to the magistrate judge will be withdrawn and the case will be referred back to the district judge. Therefore, the October 26, 2011 status (pretrial scheduling) conference currently scheduled before the undersigned, Dckt. No. 11, will be vacated. The magistrate judge shall continue to perform the usual discovery tasks associated with ordinary civil cases.
Accordingly, IT IS HEREBY ORDERED that:
1. The July 1, 2011 order to show cause is discharged;
2. The referral of this case to the magistrate judge is withdrawn and the case is referred back to the district judge; and
3. The October 26, 2011 status (pretrial scheduling) conference before the undersigned, Dckt. No. 11, is vacated.
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