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Kenneth Gene Montgomery v. Sgt. Brooks

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 11, 2012

KENNETH GENE MONTGOMERY, PLAINTIFF,
v.
SGT. BROOKS, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff proceeds in this action with counsel pursuant to 42 U.S.C. § 1983. Plaintiff has filed a notice of non-opposition to: (1) the motion to dismiss defendants High Desert State Prison ("HDSP'), California Department of Corrections and Rehabilitation ("CDCR"), and the State of California (the "State") (collectively, the "State Defendants"), pursuant to the Eleventh Amendment (Doc. No. 19), made by defendants Brooks, Parker,*fn1 and the State Defendants; and (2) defendants Shaw and McDonald's motion to dismiss without leave to amend for failure to state a claim against defendants (Doc. No. 29).

On April 19, 2012, this court issued an Order re Consent or Request for Reassignment, directing that, within 30 days, the parties consent or decline to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c). On May 22, 2012, plaintiff responded, and has consented to the jurisdiction of this court. See Doc. Nos. 26. On May 24, 2012, defendants Brooks, Parker, CDCR, HDSP, and the State also responded, and have also consented to this court's jurisdiction. See Doc. No. 27. However, defendants Shaw and McDonald have not responded to the court's April 19, 2012 order. As a threshold matter, before the court may adjudicate the pending motions, it must determine whether all defendants consent to proceed before the undersigned.*fn2

In accordance with the above, IT IS HEREBY ORDERED that, within seven (7) days of the filing date of this order, defendants Shaw and McDonald respond to the court's April 18, 2012 Order re Consent or Request for Reassignment. See Doc. No. 18.


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