Aspen Shackleton, III, LLC v. Saelee

Filing 4

ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 5/12/2011. (cdnS, COURT STAFF) (Filed on 5/12/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 Northern District of California 5 6 ASPEN SHACKETON, III, LLC Plaintiff(s), 7 v. 8 No. C 11-02272 MEJ ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION FORM SAN HIN SAELEE 9 10 Defendant(s). _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Pending before the Court is Defendant San Hin Saelee's in forma pauperis application. Upon 13 review of the record in this action, the Court notes that Defendant has not filed a written consent to 14 Magistrate Judge James' jurisdiction. This civil case was randomly assigned to Magistrate Judge 15 James for all purposes including trial. In accordance with 28 U.S.C. § 636(c), the magistrate judges 16 of this district court are designated to conduct any and all proceedings in a civil case, including trial 17 and entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by 18 Magistrate Judge James may be taken directly to the United States Court of Appeals for the Ninth 19 Circuit in the same manner as an appeal from any other judgment of a district court. 20 You have the right to have your case assigned to a United States District Judge for trial and 21 disposition. Accordingly, Defendant shall inform the Court, by way of the enclosed form, whether 22 Defendant consents to Magistrate Judge James’ jurisdiction or requests reassignment to a United 23 States District Judge for trial. The consent/declination form shall be filed by June 2, 2011. 24 25 26 27 28 IT IS SO ORDERED. Dated: May 12, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 Plaintiff(s), 5 6 7 8 No. C 11-02272 MEJ ASPEN SHACKETON, III, LLC vs. SAN HIN SAELEE Defendant(s). / 9 10 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE 11 For the Northern District of California UNITED STATES DISTRICT COURT In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party hereby 12 consents to have a United States Magistrate Judge conduct any and all further proceedings in this 13 case, including trial, and order the entry of final judgment, and voluntarily waives the right to 14 proceed before a United States District Judge. 15 16 Dated:_________________________ Signed by:____________________________ 17 Counsel for:__________________________ 18 19 REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE 20 The undersigned party hereby declines to consent to the assignment of this case to a United 21 States Magistrate Judge for trial and disposition, and hereby requests the reassignment of this case to 22 a United States District Judge. 23 24 Dated:___________________________ Signed by:____________________________ 25 Counsel for:__________________________ 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 ASPEN SHACKETON, III, LLC 7 8 9 10 Case Number: 11-02272 MEJ Plaintiff, CERTIFICATE OF SERVICE v. SAN HIN SAELEE Defendant. / 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 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 May 12, 2011, 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. San Hin Saelee 2115 12th Avenue #D Oakland, CA 94606 18 19 20 Dated: May 12, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 21 22 23 24 25 26 27 28 3

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