Ontiveros v. Dominguez ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 ISRAEL ONTIVEROS, Case No. 19-cv-07496-VKD 9 Plaintiff, ORDER OF REASSIGNMENT TO 10 v. DISTRICT JUDGE 11 DOMINGUEZ, et al., Defendants. 12 13 14 Israel Ontiveros, a state prisoner proceeding pro se, filed this civil rights complaint pursuit 15 to 42 U.S.C. § 1983, against defendants at Salinas Valley State Prison. After an initial screening, 16 the Court dismissed the complaint with leave to amend. Dkt. No. 8. Mr. Ontiveros has failed to 17 file an amended complaint by April 15, 2020 as directed. Id. at 4. This action is therefore subject 18 to dismissal. Id. at 5. 19 All named parties, including unserved defendants, must consent to magistrate judge 20 jurisdiction before a magistrate judge may hear and decide a case. See 28 U.S.C. § 636(c)(1); 21 Williams v. King, 875 F.3d 500, 501–04 (9th Cir. 2017) (magistrate judge lacked jurisdiction to 22 dismiss case on initial review because unserved defendants had not consented to proceed before 23 magistrate judge). As it appears that this case requires a decision that disposes of the claims 24 against some or all of the defendants at this time, and because not all parties have consented to 25 magistrate judge jurisdiction, the matter must be reassigned to a district judge. 26 Accordingly, the Clerk shall reassign this case to a district judge pursuant to the Court’s 27 Assignment Plan. 1 IT IS SO ORDERED. 2 Dated: June 8, 2020 3 . 28 □ 4 VIRGINIA K. DEMARCHI 5 United States Magistrate Judge 6 7 8 9 10 11 12 13 15 16 17 Z 18 19 20 21 22 23 24 25 26 27 28