Ashanti v. Obama et al

Filing 70

ORDER signed by District Judge John A. Mendez on 2/18/2016 DENYING 64 Motion for Reconsideration. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ASKIA ASHANTI,

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No. 2: 14-cv-1644 JAM KJN P

Plaintiff,
v.

ORDER

BARACK OBAMA, et al.,
Defendants.

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On January 7, 2016, plaintiff filed a motion for reconsideration of the April 29, 2015 and

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August 7, 2015 orders by the Magistrate Judge (see ECF Nos. 34, 44) denying plaintiff’s requests

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to change the names in the court caption. (ECF No. 64.) Plaintiff also seeks reconsideration of

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the January 20, 2015 order by the Magistrate Judge (see ECF No. 25) dismissing plaintiff’s

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second amended complaint with leave to amend. (ECF No. 64.) Plaintiff also requests that the

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court issue a scheduling order and appoint counsel. (Id.)

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Plaintiff’s request for issuance of a scheduling order and for appointment of counsel

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should be addressed to the magistrate judge rather than the undersigned. See 28 U.S. C. § 636(c),

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Eastern District Local Rule 302. Accordingly, these requests are disregarded.

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Plaintiff consented to the jurisdiction of the magistrate judge on August 21, 2014. (ECF

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No. 6.) The undersigned was appointed to this action on August 13, 2015, after defendants failed

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to consent to the magistrate judge’s jurisdiction. (ECF No. 46.) Thus, plaintiff had consented to
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the magistrate judge’s jurisdiction at the time the magistrate judge issued the orders denying his

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requests to change the names in the court caption and dismissing plaintiff’s second amended

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complaint. Under these circumstances, plaintiff cannot reconsideration of these orders to the

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undersigned.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s January 7, 2016 motion for
reconsideration, etc. (ECF No. 64) is denied.

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DATED: 2/18/2016
/s/ John A. Mendez________________________
UNITED STATES DISTRICT COURT JUDGE

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