McDonald v. The United States of America et al

Filing 9

SECOND ORDER FOR PLAINTIFF TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 5/20/2009. (mejlc1, COURT STAFF) (Filed on 5/20/2009)

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 20, 2009 vs. ADAM MCDONALD,

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

Plaintiff(s),

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

The Court is in receipt of Plaintiff's "Objection of Order to File Consent/Declination," filed May 20, 2009. Although Plaintiff apparently objects to the need to file a consent to magistrate jurisdiction or request for reassignment to a district court judge, the undersigned magistrate judge is unable to proceed without Plaintiff's consent. Thus, Plaintiff must decide whether he would like to proceed before a magistrate judge or have his case assigned to a district court judge. Accordingly, the Court hereby ORDERS Plaintiff to inform the Court whether he 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 June 7, 2009. The Court has attached another copy of the consent/declination for Plaintiff's convenience. Failure to comply with this order may result in the imposition of sanctions. 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.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ADAM MCDONALD, Plaintiff(s), No. C 09-1181 MEJ

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:__________________________

2

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 3 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 20, 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 20, 2009 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk v. UNITED STATES OF AMERICA et al, Defendant. / ADAM MCDONALD, Plaintiff, Case Number: CV09-01181 MEJ CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA