Newman v. Colvin(CONSENT)

Filing 11

ORDER advising the parties that without the consent of the parties, the Magistrate Judge cannot take dispositive action in this case. Counsel are DIRECTED to complete and send to the Clerk of the Court either the attached form consenting to Magistrate Judge jurisdiction or the form requesting reassignment to a District Judge so that the form is received by the Clerk on or before 2/15/2013. DO NOT ELECTRONICALLY FILE THIS FORM. Signed by Honorable Judge Terry F. Moorer on 1/30/2013. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ROY JACK NEWMAN, ) ) Plaintiff, ) ) v. ) CASE NO.3:12-cv-941-TFM ) [wo] MICHAEL J. ASTRUE, ) Commissioner of Social Security ) ) Defendant. ) ORDER Upon consideration of the Defendant’s unopposed motion to remand and for entry of judgment under sentence six of 42 U.S.C. § 405 (g) (doc. 10), the parties are ADVISED that without the consent of the parties, the Magistrate Judge cannot take dispositive action in this case. See 28 U.S.C. § 636(c). As explained in the attached Explanation of Assignment to United States Magistrate Judge, the parties have the right to consent to or to decline consent to a Magistrate Judge’s jurisdiction without adverse consequences. Accordingly, counsel for the parties are DIRECTED to complete and send to the Clerk of the Court either the attached form consenting to Magistrate Judge jurisdiction or the form requesting reassignment to a District Judge so that the form is received by the Clerk on or before February 15, 2013. DO NOT ELECTRONICALLY FILE THIS FORM. Done this 30th day of January, 2013. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ROY JACK NEWMAN, ) ) Plaintiff, ) ) v. ) CASE NO.3:12-cv-941-TFM ) [wo] MICHAEL J. ASTRUE, ) Commissioner of Social Security ) ) Defendant. ) CONSENT TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of Title 28, U.S.C. § 636(c), the undersigned party or parties to the above-captioned civil matter who previously have indicated their consent to the jurisdiction of a Magistrate Judge of this Court, hereby confirm in writing their consent to a United States Magistrate Judge conducting any and all further proceedings in the case, including trial, and ordering the entry of a final judgment. ______________________________________________________________________________ Date Signature ____________________________________________________ Counsel For (print name of all parties) ____________________________________________________ Address, City, State Zip Code ____________________________________________________ Telephone Number DO NOT ELECTRONICALLY FILE THIS FORM Page 2 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ROY JACK NEWMAN, ) ) Plaintiff, ) ) v. ) CASE NO.3:12-cv-941-TFM ) [wo] MICHAEL J. ASTRUE, ) Commissioner of Social Security ) ) Defendant. ) REQUEST FOR REASSIGNMENT OF CASE TO A UNITED STATES DISTRICT JUDGE The undersigned party hereby declines to consent to the Magistrate Judge’s exercise of civil jurisdiction in this case. The undersigned party requests reassignment of this case to a United States District Judge. ______________________________________________________________________________ Date Signature ____________________________________________________ Counsel For (print name of all parties) ____________________________________________________ Address, City, State Zip Code ____________________________________________________ Telephone Number DO NOT ELECTRONICALLY FILE THIS FORM IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EXPLANATION OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE This civil case has been randomly assigned to a United States Magistrate Judge of this court. In accordance with 28 U.S.C. § 636(c), the Magistrate Judges of this court are designated to conduct any and all proceedings in a jury or nonjury civil case and order the entry of final judgment upon the consent of all parties to a case. Any appeal from a judgment entered by a Magistrate Judge is taken directly to the United States Court of Appeals for the Eleventh Circuit in the same manner as any appeal from any judgment entered in this court. Any party to this lawsuit has the right to consent or decline consent to the jurisdiction of a Magistrate Judge. To exercise your right to consent you should complete the consent form and return it to the Clerk of the Court as indicated in the court's order. Litigants, without concern for any adverse consequences, freely may decline consent to the jurisdiction of a Magistrate Judge. If you decline consent to the jurisdiction of a Magistrate Judge, this case will be reassigned randomly to a District Judge. DONE this 30th day of January, 2013. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE

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