Nicholaw v. Board of Supervisors

Filing 17

ORDER. Signed by Judge Joseph C. Spero on January 9, 2012. (jcslc2, COURT STAFF) (Filed on 1/9/2012) (Additional attachment(s) added on 1/9/2012: # 1 Cert Serve) (klhS, COURT STAFF).

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANDY NICHOLAW,

No. C-11-4272 JCS

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Plaintiff,
ORDER
v.
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For the Northern District of California

United States District Court

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[Docket Nos. 14, 15]
BOARD OF SUPERVISORS,

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Defendants.
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Plaintiff Andy Nicholaw has filed a “Declination to Proceed Before a Magistrate Judge and

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Request for Reassignment to a United States District Judge” and has also filed a “Second Objection

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to Order Dismissing Complaint & Request for De Novo Review.” Docket Nos. 14, 15.

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Because the Plaintiff has previously consented to magistrate jurisdiction, the purported

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declination is untimely and the Court cannot consider it. This matter has been dismissed by the

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Court. See Docket Nos. 8, 13. Therefore, the Court construes Plaintiff’s recent filings as a motion

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pursuant to Federal Rule of Civil Procedure 60(b) (the “Motion”). Having carefully considered the

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Plaintiff’s arguments and the papers submitted, the Court find no factual or legal ground to

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reconsider the dismissal.

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The Plaintiff’s Motion is DENIED.

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IT IS SO ORDERED.

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Dated: January 9, 2012

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______________________________
JOSEPH C. SPERO
United States Magistrate Judge

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For the Northern District of California

United States District Court

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