Anthony Boyd v. J. Miller, et al.

Summary

The United States District Court for the Northern District of California orders reassignment of Anthony Boyd’s civil rights action to a district judge and recommends dismissal without prejudice. The recommendation is based on Boyd’s failure to prosecute, failure to complete service, and failure to comply with court orders.

Holdings

1. Because the court did not have the consent of all parties, the action was required to be reassigned to a district judge.
2. The magistrate judge recommended that the complaint be dismissed without prejudice because Boyd failed to prosecute the action, failed to complete service, and failed to comply with court orders.

Questions Presented

1. Whether the action should be reassigned to a district judge because the parties had not consented to magistrate-judge jurisdiction.
2. Whether the complaint should be recommended for dismissal without prejudice for failure to prosecute and failure to comply with court orders, including the service requirements of Federal Rule of Civil Procedure 4(m).

Disposition

remanded