Aspen Shackleton, III, LLC v. Saelee

Filing 5

SECOND ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 6/6/2011. (cdnS, COURT STAFF) (Filed on 6/6/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 Northern District of California 5 6 ASPEN SHACKLETON III, Plaintiff(s), 7 v. 8 No. C 11-2272 MEJ SECOND 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. On 13 May 12, 2011, the Court ordered defendant to consent to magistrate judge jurisdiction or request 14 reassignment to a United States District Judge for trial. Defendant has failed to respond. 15 This civil case was randomly assigned to Magistrate Judge James for all purposes including 16 trial. In accordance with 28 U.S.C. § 636(c), the magistrate judges of this district court are 17 designated to conduct any and all proceedings in a civil case, including trial and entry of final 18 judgment, upon the consent of the parties. An appeal from a judgment entered by Magistrate Judge 19 James may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same 20 manner as an appeal from any other judgment of a district court. 21 You have the right to have your case assigned to a United States District Judge for trial and 22 disposition. Accordingly, Defendant San Hin Saelee shall inform the Court, by way of the enclosed 23 form, whether Defendant consents to magistrate judge jurisdiction or requests reassignment to a 24 United States District Judge for trial. The consent/declination form shall be filed June 16, 2011. 25 Failure to comply with this order may result in the imposition of sanctions. 26 27 28 IT IS SO ORDERED. Dated: June 6, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 ASPEN SHACKLETON III 6 7 8 9 No. C 11-2272 MEJ Plaintiff(s), vs. SAN HIN SAELEE Defendant(s). 10 / 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE 13 In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party hereby 14 consents to have a United States Magistrate Judge conduct any and all further proceedings in this 15 case, including trial, and order the entry of final judgment, and voluntarily waives the right to 16 proceed before a United States District Judge. 17 18 Dated:_________________________ Signed by:____________________________ 19 Counsel for:__________________________ 20 21 REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE 22 The undersigned party hereby declines to consent to the assignment of this case to a United 23 States Magistrate Judge for trial and disposition, and hereby requests the reassignment of this case to 24 a United States District Judge. 25 26 Dated:___________________________ Signed by:____________________________ 27 Counsel for:__________________________ 28 2 1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 ASPEN SHACKLETON III 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 11-2272 MEJ Plaintiff, CERTIFICATE OF SERVICE v. SAN HIN SAELEE Defendant. / 13 14 15 16 17 18 19 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 June 6, 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 20 21 22 Dated: June 6, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 23 24 25 26 27 28 3

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