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William L. Stewart, Jr v. Bright

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 9, 2013

WILLIAM L. STEWART, JR.,
PLAINTIFF,
v.
BRIGHT, ET AL, DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER REQUIRING PLAINTIFF TO RESUBMIT AND CLARIFY HIS CONSENT TO PROCEED BEFORE THE U.S. MAGISTRATE JUDGE (Doc. 10)

Plaintiff William Junior Stewart ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. (Docs. 1, 5). In accordance with the the Court's Order, dated March 25, 2013, (Doc. 8), Plaintiff submitted his form to consent or decline to proceed before the United States Magistrate Judge ("form") on April 5, 2013. (Doc. 10).

While the form advises Plaintiff to "sign only one section of [the] form," Plaintiff affixed his signature to both the consent and decline portions of the form. (Doc. 10)(emphasis in original). Plaintiff must clarify whether he consents or declines to proceed before the Magistrate Judge in this matter. Thus, Plaintiff is directed to resubmit his form. In re-submitting his form, Plaintiff is advised to check and sign either the consent or decline portion of the form, but not both portions.

ORDER

Accordingly, the Court ORDERS that:

1. Plaintiff SHALL RESUBMIT his form and CLARIFY whether he consents or declines to 4 proceed before the United States Magistrate Judge; and 5

2. The Clerk of the Court is DIRECTED to re-send Plaintiff the form to consent or decline to 6 proceed before the United States Magistrate Judge. 7 8

IT IS SO ORDERED.

20130409

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