Johnson v. United States

Filing 16

ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION FORM BY JUNE 15, 2010. Signed by Judge Beeler on 6/11/10. (lblc2, COURT STAFF) (Filed on 6/11/2010)

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1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division JAMES ELLIS JOHNSON v. UNITED STATES Defendant. _____________________________________/ Plaintiff, No. C 10-00647 LB ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION FORM 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The CMC in this case is set for June 17, 2010. In its CMC Statement, Defendant stated, "The parties will consent to magistrate judge jurisdiction." (Dkt. #14 at 2.) However, Defendant has not yet filed a written consent form. This civil case was randomly assigned to Magistrate Judge Beeler for all purposes including trial. In accordance with 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 Beeler 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, Defendant shall inform the Court whether it consents to Magistrate Judge C 10-00647 LB 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California Beeler's jurisdiction or requests reassignment to a United States District Judge for trial. The consent/declination form shall be filed by June 15, 2010. IT IS SO ORDERED. Dated: June 11, 2010 _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-00647 LB 2 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division JAMES ELLIS JOHNSON, Plaintiff(s), v. UNITED STATES, Defendant(s). ___________________________________/ No. C 10-00647 LB CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-00647 LB CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of Title 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 the case, including trial, and the entry of a final judgment. Appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit. Dated: ________________________ ___________________________________ Signature Counsel for _________________________ (Plaintiff, Defendant or indicate "pro se") 3 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division JAMES ELLIS JOHNSON, Plaintiff(s), v. UNITED STATES, Defendant(s). ___________________________________/ No. C 10-00647 LB DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-00647 LB 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: ________________________ Signature___________________________ Counsel for _________________________ (Plaintiff, Defendant, or indicate "pro se") 4

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