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Kevin Holmes v. Jaramillo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 22, 2013

KEVIN HOLMES,
PLAINTIFF,
v.
JARAMILLO,
DEFENDANTS.

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

SECOND ORDER REQUIRING DEFENDANTS TO INFORM THE COURT WHETHER HE WILL CONSENT TO MAGISTRATE JUDGE JURISDICTION (Doc. 24).

Plaintiff is a prisoner proceeding pro se and in forma pauperis in an action pursuant to 42 U.S.C. § 1983. On March 11, 2013, Defendant Jaramillo answered Plaintiff's complaint in this matter. (Doc. 21). On March 15, 2013, the Court ordered Defendant to inform the Court as to whether Defendant consented to proceed before the United States Magistrate Judge or declined and wished this matter to be assigned to a District Judge. (Doc. 24). Defendant's response was due within 30 days of the date of service or, on or before, April 18, 2013. Id. Defendant has not responded.

Accordingly, the Court ORDERS as follows:

1. Defendant is ORDERED to inform the Court as to whether he will consent to Magistrate Judge's jurisdiction or requests that this matter be assigned to a District Judge;

2. Defendant SHALL complete and return the consent/decline form within 30 days of the date of service of this Order;

3. The Clerk of the Court is DIRECTED to send Defendant another copy of the consent/decline form and the instructions for consent to Magistrate Judge Jurisdiction.

IT IS SO ORDERED.

20130422

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