(PC) Madden v. Hicks et al, No. 1:2018cv00255 - Document 14 (E.D. Cal. 2018)

Court Description: ORDER VACATING 7 FINDINGS AND RECOMMENDATIONS Regarding Dismissal of Action for Failure to Obey Court Order and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 7/9/2018. (Jessen, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN P. MADDEN, 12 Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO OBEY COURT ORDER AND FAILURE TO PROSECUTE Defendants. 13 14 Case No. 1:18-cv-00255-DAD-BAM (PC) (ECF No. 7) v. HICKS, et al., 15 16 Plaintiff Ryan P. Madden (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 22, 2018, the Court issued findings and recommendations to dismiss this action, 19 20 without prejudice, for failure to obey court orders and failure to prosecute, due to Plaintiff’s 21 failure to consent to or decline Magistrate Judge jurisdiction. (ECF No. 7.) On June 7, 2018, 22 Plaintiff filed his consent to jurisdiction of a United States Magistrate Judge and objections to the 23 pending findings and recommendations. (ECF Nos. 8, 9.) However, both filings were stricken 24 because they lacked Plaintiff’s signature, as required by Federal Rule of Civil Procedure 11(a) 25 and Local Rule 131. The Court provided Plaintiff an opportunity to resubmit his objections and 26 his consent or declination of Magistrate Judge jurisdiction, with the appropriate signatures. (ECF 27 No. 10.) 28 /// 1 1 Currently before the Court are Plaintiff’s objections to the findings and recommendations 2 and consent to Magistrate Judge jurisdiction, filed July 2, 2018. (ECF Nos. 12, 13.) Plaintiff 3 states that he apologizes for his failure to complete his consent form and to sign the form after 4 completing it, and he has obtained the help of a paralegal to help him keep track of all pleadings, 5 court dates, and orders going forward in this action. (Id.) 6 As Plaintiff has responded to the Court’s order regarding his consent or declination of 7 Magistrate Judge jurisdiction, and in light of Plaintiff’s pro se status, the Court finds that Plaintiff 8 has demonstrated his intent to prosecute this action. 9 Accordingly, the Court HEREBY ORDERS that the findings and recommendations to 10 dismiss this action for failure to obey a court order and failure to prosecute, (ECF No. 7), are 11 VACATED. Plaintiff’s complaint will be screened in due course. 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara July 9, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2