U.S. Bank, N.A.-v-Jose Lopez

Filing 5

ORDER That Case Be Reassigned to a District Judge. Signed by Judge Patricia V. Trumbull on 5/13/10. (pvtlc1) (Filed on 5/17/2010)

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 1 PATRICIA V. TRUMBULL United States Magistrate Judge On March 1, 2010, Defendant filed an Application to Proceed In Forma Pauperis. On April 14, 2010, this court issued an order setting a deadline of April 26, 2010 for Plaintiff to file either a written consent to the jurisdiction of the Magistrate Judge, or a request for reassignment to a District Judge. Plaintiff failed to file either document. Therefore, based on the file herein, IT IS HEREBY ORDERED that this action be reassigned to a District Judge. Absent consent to Magistrate Judge jurisdiction, a Magistrate Judge does not have authority to rule on potentially case-dispositive motions, including 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). Dated: 5/13/10 U.S. BANK N.A., UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) ) v. ) ) JOSE LOPEZ, ) ) Defendant. ) ___________________________________ ) Case No.: C 10-1259 PVT ORDER THAT CASE BE REASSIGNED TO A DIST R IC T JUDGE

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 5/17/10 to: Counsel automatically notified of this filing via the court' s Electronic Case Filing system.

Jose Lopez 3283 Hostetter Road San Jose, CA 95132