Garcia v. Webster et al

Filing 17

MINUTE ORDER denying 15 Plaintiffs Petition to Amend and Rescind Order to Direct U.S. Magistrate Jurisdiction. IT IS ORDERED that the Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction 14 is STRICKEN. The record will reflect that Plaintiff does not consent to the jurisdiction of the United States Magistrate Judge. by Magistrate Judge Kristen L. Mix on 2/10/2010.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-03024-CMA-KLM DONALD GARCIA, Plaintiff, v. BRIAN WEBSTER, in his individual capacity, BRIAN WEBSTER, physician's assistant, in his official capacity, KEVIN MILLYARD, in his individual capacity, KEVIN MILLYARD, Warden, in his official capacity, STOCK, in his individual capacity, STOCK, physician's assistant, in his official capacity, GOLDEN, in his individual capacity, GOLDEN, doctor, in his official capacity, FORTUNATO, in his individual capacity, FORTUNATO, doctor, in his official capacity, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Petition to Amend and Rescind Order to Direct U.S. Magistrate Jurisdiction on Case Number 09-cv-03024-CMA-KLM [Docket No. 15; Filed February 9, 2010] (the "Motion"). On January 29, 2010, pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of the United States Magistrate Judge to conduct all further proceedings in this case. [Docket No. 14]. The Magistrate Judge may exercise jurisdiction only with the consent of all parties. D.COLO.LCivR 72.2D. Defendants have not consented. Moreover, because consent must be voluntary, Plaintiff should be permitted to withdraw his consent. Accordingly, IT IS ORDERED that the Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction [Docket No. 14] is STRICKEN. The record will reflect that Plaintiff does not consent to the jurisdiction of the United States Magistrate Judge. Because there is no Order assigning the case to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c), IT IS FURTHER ORDERED that the Motion is DENIED.

Dated: February 10, 2010