US Bank National Association as Trustee for CMLIT 2007-ARB et al -v- Robles

Filing 4

ORDER Directing Defendant to file Consent/Declination re 2 MOTION for Leave to Proceed in forma pauperis filed by Manuel Robles. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 11/16/11. (bjtS, COURT STAFF) (Filed on 11/16/2011)

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1 2 UNITED STATES DISTRICT COURT 3 Northern District of California 4 5 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLIT 2007-AR8, 6 Plaintiff(s), 7 v. 8 ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION FORM MANUEL ROBLES, 9 No. C-11-5476 MEJ Defendant(s). _____________________________________/ 10 11 For the Northern District of California UNITED STATES DISTRICT COURT Pending before the Court is Motion for Leave to Proceed in forma pauperis filed by the 12 defendant. Upon review of the record in this action, the Court notes that the Consent/Declination to 13 Proceed Before a United States Magistrate has not been filed . This civil case was randomly 14 assigned to the undersigned magistrate judge for all purposes including trial. In accordance with 28 15 U.S.C. § 636(c), the magistrate judges of this district court are designated to conduct any and all 16 proceedings in a civil case, including trial and entry of final judgment, upon the consent of the 17 parties. An appeal from a judgment entered by a magistrate judge may be taken directly to the 18 United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other 19 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, the parties shall inform the Court, by way of the enclosed form, whether 22 they consent to magistrate judge jurisdiction or requests reassignment to a United States District 23 Judge for trial. The consent/declination form shall be filed by November 30, 2011. 24 IT IS SO ORDERED. 25 Dated: November 16, 2011 26 27 28 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 US BANK NATIONAL ASSOCIATION, AS Case Number: C-11-5476 MEJ 5 TRUSTEE FOR CMLIT 2007-AR8, CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE 6 Plaintiff(s), 7 8 9 10 vs. MANUEL ROBLES, Defendant(s). / 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 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. 17 18 Dated:_________________________ Signed by:____________________________ 19 Counsel for:__________________________ 20 21 22 23 24 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. 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 Case Number: C-11-5476 MEJ US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLIT 2007-AR8, 9 CERTIFICATE OF SERVICE Plaintiff, 10 v. 11 For the Northern District of California UNITED STATES DISTRICT COURT MANUEL ROBLES, 12 13 Defendant. / 14 15 16 17 18 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 November 16, 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. 19 20 21 Dated: November 16, 2011 22 Richard W. Wieking, Clerk 23 By: Brenda Tolbert, Deputy Clerk 24 25 Manuel Robles 21667 Westfield Avenue Hayward, CA 94541 26 27 28 3

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