Paczynski v. City of Berkeley

Filing 4

ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 12/1/2009. (mejlc1, COURT STAFF) (Filed on 12/1/2009)

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
ANDZEJ PACZYNSKI v. Plaintiff(s), No. C 09-05544 MEJ ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION FORM

CITY OF BERKELEY Defendant(s). _____________________________________/

Pending before the Court is Plaintiff's in forma pauperis application. Upon review of the record in this action, the Court notes that Plaintiff has not filed a written consent to Magistrate Judge James' jurisdiction. This civil case was randomly assigned to Magistrate Judge James for all purposes including trial. In accordance with 28 U.S.C. § 636(c), the magistrate judges of this district court are designated to conduct any and all proceedings in a civil case, including trial and entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by Magistrate Judge James may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other judgment of a district court. You have the right to have your case assigned to a United States District Judge for trial and disposition. Accordingly, Plaintiff shall inform the Court, by way of the enclosed form, whether Plaintiff consents to Magistrate Judge James' jurisdiction or requests reassignment to a United States District Judge for trial. The consent/declination form shall be filed by than December 16, 2009. IT IS SO ORDERED. Dated: December 1, 2009 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ANDZEJ PACZYNSKI Plaintiff(s), vs. CITY OF BERKELEY Defendant(s). / No. C 09-05544 MEJ

CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party hereby consents to have a United States Magistrate Judge conduct any and all further proceedings in this case, including trial, and order the entry of final judgment, and voluntarily waives the right to proceed before a United States District Judge.

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Dated:_________________________

Signed by:____________________________ Counsel for:__________________________

REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE The undersigned party hereby declines to consent to the assignment of this case to a United States Magistrate Judge for trial and disposition, and hereby requests the reassignment of this case to a United States District Judge.

Dated:___________________________

Signed by:____________________________ Counsel for:__________________________

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ANDZEJ PACZYNSKI Plaintiff, v. CITY OF BERKELEY Defendant. /

Case Number: 09-05544 MEJ CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 1, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Andzej Paczynski 2320 Bonar Street Berkeley, CA 94702

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Dated: December 1, 2009

Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk

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