Benchmark Properties v. Perez et al

Filing 4

ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION FORM. Signed by Judge Beeler on 5/6/10. (lblc2, COURT STAFF) (Filed on 5/6/2010)

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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 BENCHMARK PROPERTIES v. CONSUELO PEREZ Defendant(s). _____________________________________/ Plaintiff(s), No. C 10-01925 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 Pending before the Court is Defendant's Motion to Proceed In Forma Pauperis (Dkt. # 2). Upon review of the record in this action, the Court notes that Defendant has not filed a written consent to Magistrate Judge Beeler's jurisdiction. 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 C 10-01925 LB 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California disposition. Accordingly, Defendant shall inform the Court whether Defendant consents to Magistrate Judge Beeler's jurisdiction or requests reassignment to a United States District Judge for trial. The consent/declination form shall be filed by May 20, 2010. IT IS SO ORDERED. Dated: May 6, 2010 _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-01925 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 BENCHMARK PROPERTIES, Plaintiff(s), v. CONSUELO PEREZ, Defendant(s). ___________________________________/ No. C 10-01925 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 10-01925 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 BENCHMARK PROPERTIES, Plaintiff(s), v. CONSUELO PEREZ, Defendant(s). ___________________________________/ No. C 10-01925 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 10-01925 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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