ORDER REQUIRING DEFENDANTS TO NOTIFY THE COURT WHETHER THEY WILL CONSENT TO MAGISTRATE JUDGE JURISDICTION WITHIN FIVE DAYS
ORDER DIRECTING THE CLERK OF COURT TO SEND CONSENT/ FORMS TO DEFENDANTS
Plaintiff Samuel Dancy, Jr. ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is set for jury trial on February 7, 2012.
The undersigned hereby advises the parties that a United States Magistrate Judge is available to conduct the trial in this action, including the entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit.
Because of the extraordinarily high case load in the Fresno Division of the Eastern District of California, this court has United States Magistrate Judges conduct trials in civil rights actions concerning prison conditions whenever possible.*fn1 Having a Magistrate Judge preside over the trial makes it far more likely a case will proceed on the scheduled trial date, and the trial will not be delayed by other matters. While consenting to Magistrate Judge Jurisdiction will most likely expedite resolution of this action, you are hereby advised that no adverse substantive consequences will result if you withhold consent.
In this action, Plaintiff has already consented to Magistrate Judge Jurisdiction. However, it is unclear, at this time, whether Defendants are willing to consent for the purposes of trial. As such, The court shall direct the Clerk of the Court to provide Defendants with consent/decline forms. Within five days from the date of service of this order, Defendants shall inform the court whether they consent to or decline Magistrate Judge Jurisdiction by filling out the form and returning it to the court.
Accordingly, the court HEREBY ORDERS as follows:
1. The Clerk of the Court is DIRECTED to send Defendants the standard forms that allow them to consent or decline Magistrate Judge Jurisdiction; and
2. Within five (5) days from the date of service of this order, Defendants shall notify the court whether they consent to or decline Magistrate Judge jurisdiction by filling out the enclosed forms and returning them to the court.