Gordon v. Stanford Medical Chief ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 TERRY GORDON, Case No. 20-cv-01591-VKD 9 Plaintiff, ORDER OF REASSIGNMENT TO A 10 v. DISTRICT JUDGE 11 STANFORD MEDICAL CHIEF, et al., Defendants. 12 13 14 Plaintiff Terry Gordon, a state prisoner proceeding pro se, filed this civil rights action 15 against various defendants for “emotional distress and physical harm” incurred during transport 16 from Stanford Hospital to the Santa Rita Jail. Dkt. No. 1 at 3–4. Mr. Gordon names the chief of 17 Stanford Hospital as a defendant, but he does not allege facts sufficient to state a cognizable claim 18 against this private citizen. 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 at least one defendant at this time, and because not all parties have consented to magistrate 25 judge jurisdiction, the matter must be reassigned to a district judge. 26 Accordingly, the Clerk of the Court shall reassign this case to a district judge pursuant to 27 /// 1 the Court’s assignment plan. 2 IT IS SO ORDERED. 3 || Dated: August 4, 2020 4 «8 5 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