Le v. United States Department of Homeland Security

Filing 5

ORDER Setting Deadline for Parties to File Either a "Consent to Proceed Before a United States Magistrate Judge," or Else a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment." Signed by Judge Patricia V. Trumbull on 7/1/10. (pvtlc1) (Filed on 7/1/2010)

Le v. United States Department of Homeland Security

Doc. 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BINH QUANG LE, ) ) Plaintiff, ) ) v. ) ) UNITED STATES DEPARTMENT OF ) HOMELAND SECURITY, ) ) Defendant. ) ___________________________________ ) Case No.: C 09-5878 PVT OR D ER SETTING DEADLINE FOR PARTIES T O FILE EITHER A "CONSENT TO PROCEED BEFO R E A UNITED STATES MAGISTRATE JU D G E," OR ELSE A "DECLINATION TO PR O C EED BEFORE A UNITED STATES MA G I ST R A T E JUDGE AND REQUEST FOR REA SSIG N M E N T"

Currently pending before the court is Plaintiff's Application to Proceed In Forma Pauperis. Based on the application and the file herein, IT IS HEREBY ORDERED that, no later than July 30, 2010, Plaintiff shall file either a "Consent to Proceed Before a United States Magistrate Judge," or else a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment." Both forms are available from the clerk of the court, or from the court's website at www.cand.uscourts.gov in the Forms (Civil) section. Absent consent, a Magistrate Judge is not authorized to rule on certain matters, such as requests to proceed in forma pauperis. See 28 U.S.C. § 636(c)(1); see also, e.g., Tripati v. Rison, 847 F.2d 548 (9th Cir. 1988). After receipt of whichever form Plaintiff chooses to file, the appropriate judge will rule on the pending application.. Dated: 7/1/10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 2 /s/ Donna Kirchner MARTHA BROWN Courtroom Deputy for copies mailed on 7/1/10 Binh Quang Le 2555 Corde Terra Circle, #215 San Jose, CA 95111 to: