James Michael Fayed v. Secretary of CDCR, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES MICHAEL FAYED, No. 2:25-cv-2877 CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 SECRETARY OF CDCR, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se. On October 16, 2025, plaintiff filed a 18 consent to the jurisdiction of a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF No. 19 5.) On October 27, 2025, plaintiff filed a motion styled, “Motion for Vacatur/Vacation of 20 Referral to USMJ and Transfer, Reassignment to USDJ.” (ECF No. 6.) 21 I. STANDARDS GOVERNING CONSENT TO MAGISTRATE JUDGE 22 “A party to a federal civil case has, subject to some exceptions, a constitutional right to 23 proceed before an Article III judge.” Dixon v. Ylst, 990 F.2d 478, 479 (9th Cir. 1993) (citation 24 omitted). If all parties to a civil action consent, all proceedings including trial and entry of 25 judgment may be conducted by a magistrate judge. 28 U.S.C. § 636(c)(1); Branch v. Umphenour, 26 936 F.3d…