Ruffin v. San Francisco Sheriff's Department

Background

Shawn Ruffin filed a civil-rights action under 42 U.S.C. § 1983 against the San Francisco Sheriff's Department and numerous employees. The opinion describes Ruffin as representing himself and appearing to be a pretrial detainee at the San Francisco County Jail.

On March 5, 2021, the court screened the complaint under 28 U.S.C. § 1915A. It dismissed the complaint but gave Ruffin permission to amend it. The court instructed him to plead facts sufficient to state a legally recognizable claim under the Fourteenth Amendment and equal protection. He was ordered to file an amended complaint within 28 days and was warned that failing to do so would result in reassignment to a district judge with a recommendation that the case be dismissed without further notice.

Reason for Reassignment

The deadline passed, and the court received no further communication from Ruffin. The opinion also explains that all named parties, including defendants who had not been served, must consent before a magistrate judge may hear and decide the case. Because Ruffin had not filed an amended complaint and not all parties had consented to magistrate-judge jurisdiction, the magistrate judge concluded that the case had to be reassigned.

Disposition

Magistrate Judge Virginia K. Demarchi ordered the Clerk of Court to reassign the case to a district judge under the court's assignment plan. The order did not itself dismiss the case; it stated that dismissal would be recommended after reassignment.