MATTHEWS v. LILES

Case No. 1:14-cv-00083-BAM (PC).

IVAN LEE MATTHEWS, Plaintiff, v. R. LILES, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Ivan Lee Matthews, Plaintiff, Pro Se.

R. Liles, Defendant, represented by Todd Grabarsky , Office of the Attorney General.

J. Sherrett, Defendant, represented by Todd Grabarsky , Office of the Attorney General.

J. Cable, Defendant, represented by Todd Grabarsky , Office of the Attorney General.


ORDER DIRECTING DEFENDANTS TO CONSENT OR DECLINE TO UNITED STATES MAGISTRATE JUDGE JURISDICTION

BARBARA A. McAULIFFE, Magistrate Judge.

Plaintiff Ivan Lee Matthews ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action currently proceeds on Plaintiff's fourth amended complaint, filed on May 28, 2015, against Defendants Liles, Sherrett, and Cable for retaliation and denial of access to the courts in violation of the First Amendment, arising from the denial of Plaintiff's legal papers. (ECF No. 22.)

This action is currently assigned only to the undersigned based on Plaintiff's consent to United States Magistrate Judge jurisdiction. (ECF No. 5.) However, the record reflects that Defendants Liles, Sherrett, and Cable have not filed valid consent or request for reassignment forms despite filing a motion to dismiss in this action. Therefore, Defendants Liles, Sherrett, and Cable shall notify the Court within ten (10) days from the date of service of this order whether they consent to or decline United States Magistrate Judge jurisdiction.

Accordingly, the Court HEREBY ORDERS that:

1. The Clerk of the Court is directed to send Defendants Liles, Sherrett, and Cable a copy of the consent or request for reassignment form and the instructions for consent to Magistrate Judge jurisdiction; and 2. Defendants shall complete and return the consent or request for reassignment forms within ten (10) days of service of this order.

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA AT FRESNO CASE NO. _____________ vs. ___________________________ ______________________________ Plaintiff(s)Petitioner(s), Defendant(s)/Respondent(s)

IMPORTANT:CHECK AND SIGN ONLY ONE SECTION OF THIS FORM, THEN RETURN IT TO THE CLERK'S OFFICE NOT LATER THAN 20 DAYS FOLLOWING YOUR FIRST APPEARANCE, ANSWER OR RESPONSIVE PLEADING.

[] CONSENT TO JURISDICTION OF UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of Title 28, U.S.C. Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a United States Magistrate Judge conduct all further proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed.

Date: ___________________ Signature: _______________________________ Print Name:______________________________ ( ) Plaintiff/Petitioner ( ) Defendant/Respondent ( ) Counsel for* _______________________

[] DECLINE OF JURISDICTION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to Title 28, U.S.C. Sec. 636(c)(2), the undersigned acknowledges the availability of a United States Magistrate Judge but elects to have this case randomly assigned to a United States District Judge.

Date: ___________________ Signature: _______________________________ Print Name:______________________________ ( ) Plaintiff/Petitioner ( ) Defendant/Respondent ( ) Counsel for* _________________________

FootNotes


* If representing more than one party, counsel must indicate name of each party responding.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases