Saif'ullah v. Johnson & Johnson Ethicon, Inc. ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 KHALIFAH E.D. SAIF'ULLAH, Case No. 20-cv-02844-VKD 9 Plaintiff, ORDER OF REASSIGNMENT TO A 10 v. DISTRICT JUDGE 11 JOHNSON & JOHNSON ETHICON, INC., et al., 12 Defendants. 13 14 Plaintiff Khalifah Saif’ullah, a state prisoner proceeding pro se, filed this civil rights action 15 under 42 U.S.C. § 1983 against Johnson & Johnson and its subsidiary, Webster Surgery Center 16 Pinole, Collin Mbanugo, San Quentin State Prison, and the California Department of Corrections 17 and Rehabilitation for injuries sustained from an allegedly defective product, i.e, a hernia mesh 18 implant. Dkt. No. 1. However, plaintiff’s claims for strict product liability and negligence are not 19 cognizable under § 1983 and must be dismissed. 20 All named parties, including unserved defendants, must consent to magistrate judge 21 jurisdiction before a magistrate judge may hear and decide a case. See 28 U.S.C. § 636(c)(1); 22 Williams v. King, 875 F.3d 500, 501–04 (9th Cir. 2017) (magistrate judge lacked jurisdiction to 23 dismiss case on initial review because unserved defendants had not consented to proceed before 24 magistrate judge). As it appears that this case requires a decision that disposes of the claims 25 against some or all of the defendants at this time, and because not all parties have consented to 26 magistrate judge jurisdiction, the matter must be reassigned to a district judge. 27 Accordingly, the Clerk shall reassign this case to a district judge pursuant to the Court’s 1 assignment plan. 2 IT IS SO ORDERED. 3 Dated: August 4, 2020 4 5 Uviggaiia WA E. Marche: VIRGINIA K. DEMARCHI 6 United States Magistrate Judge 7 8 9 10 11 12 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28