Beard

(PC) Rodriguez v. Beard

Good Law
United States District Court, Eastern District of CaliforniaDecember 6, 20192:14-cv-01049California1,457 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEAN C. RODRIGUEZ, No. 2: 14-cv-1049 MCE KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JEFFREY BEARD, et al., Defendants. 16 Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On March 22, 2017, the court granted defendants’ summary judgment motion and judgment was entered. (ECF Nos. 133, 134.) Plaintiff appealed the judgment to the Ninth Circuit Court of Appeals. (ECF No. 137.) On April 22, 2019, pursuant to Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017), the Ninth Circuit Court of Appeals reversed and remanded this action on the grounds that the undersigned dismissed certain claims without consent from all parties. (ECF No. 140.) In Williams v. King, the Ninth Circuit ruled that 28 U.S.C. § 636(c)(1) requires the consent of all parties named in a civil case before a Magistrate Judge’s jurisdiction vests for…

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