Reed v. California Department of Corrections

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 CHARLES CHRISTOPHER REED, Case No. 19-cv-07937-VKD

9 Plaintiff, ORDER OF REASSIGNMENT TO A 10 v. DISTRICT JUDGE

11 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 12 Defendants.

13 14 Plaintiff Charles Christopher Reed, a state prisoner at the Salinas Valley State Prison, filed 15 this civil rights action in pro se for an injury that occurred while working in the prison kitchen. 16 Dkt. No. 1. Mr. Reed consented to magistrate judge jurisdiction. Dkt. No. 2. Mr. Reed was twice 17 permitted to file an amended complaint to correct deficiencies in the pleadings. Dkt. Nos. 9, 11. 18 Mr. Reed has filed a second amended complaint which fails to correct the deficiencies from his 19 previous filings and is therefore subject to dismissal for failure to state a cognizable claim for 20 relief. Dkt. No. 12. 21 All named parties, including unserved defendants, must consent to magistrate judge 22 jurisdiction before a magistrate judge may hear and decide a case. See 28 U.S.C. § 636(c)(1); 23 Williams v. King, 875 F.3d 500, 501–04 (9th Cir. 2017) (magistrate judge lacked jurisdiction to 24 dismiss case on initial review because unserved defendants had not consented to proceed before 25 magistrate judge). As it appears that this case requires a decision that disposes of the claims 26 against at least one defendant at this time, and because not all parties have consented to magistrate 27 judge jurisdiction, the matter must be reassigned to a district judge. 1 the Court’s assignment plan. 2 IT IS SO ORDERED. 3 Dated: November 3, 2020 4

VIRGINIA K. DEMARCHI 6 United States Magistrate Judge 7 8 9 10 11

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