McDonald v. The United States of America et al

Filing 7

ORDER FOR PLAINTIFF TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 5/4/2009. (mejlc1, COURT STAFF) (Filed on 5/4/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 4, 2009 vs. ADAM MCDONALD,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-1181 MEJ ORDER FOR PLAINTIFF TO FILE CONSENT/DECLINATION

Plaintiff(s),

UNITED STATES OF AMERICA, et al., Defendant(s). /

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 Title 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 May 21, 2009. IT IS SO ORDERED.

MARIA-ELENA JAMES United States Magistrate Judge

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. ADAM MCDONALD,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-1181 MEJ

Plaintiff(s),

UNITED STATES OF AMERICA, et al.,

/

CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 18 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.

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 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ADAM MCDONALD, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-01181 MEJ CERTIFICATE OF SERVICE

UNITED STATES OF AMERICA et al, Defendant. /

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 4, 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. Adam McDonald 570 El Camino Real #150-141 Redwood City, CA 94063 Dated: May 4, 2009 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk

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