1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 RICHARD PENUNURI, Case No. 19-cv-06112-VKD

9 Plaintiff,

ORDER OF REASSIGNMENT TO

10 v. DISTRICT JUDGE

11 RON DAVIS, et al., Defendants. 12

13 14 Plaintiff Richard Penunuri, a state prisoner proceeding pro se, filed this civil rights action 15 against prison officers at San Quentin State Prison where he is currently incarcerated. Mr. 16 Penunuri names the Warden as a defendant, but it appears that he does not allege facts that are 17 sufficient to state a cognizable claim against the Warden. 18 All named parties, including unserved defendants, must consent to magistrate judge 19 jurisdiction before a magistrate judge may hear and decide a case. See 28 U.S.C. § 636(c)(1); 20 Williams v. King, 875 F.3d 500, 501-04 (9th Cir. 2017) (magistrate judge lacked jurisdiction to 21 dismiss case on initial review because unserved defendants had not consented to proceed before 22 magistrate judge). As it appears that this case requires a decision that disposes of the claims 23 against some or all of the defendants at this time, and because not all parties have consented to 24 magistrate judge jurisdiction, the matter must be reassigned to a district judge. 25 Accordingly, the Clerk shall reassign this case to a district judge pursuant to the Court’s 26 Assignment Plan. 27 /// 1 IT IS SO ORDERED. 2 Dated: December 19, 2019 3 . 28 □ 4

VIRGINIA K. DEMARCHI

5 United States Magistrate Judge 6 7 8 9 10 11 12

13

© 15 16

= 17

Z 18

19 20 21 22 23 24 25 26 27 28