Nguyen v. Colvin
ORDER. The Clerk of the Court is therefore directed to reassign this case pursuant to the Pilot Program to Magistrate Judge Kristen L. Mix by Judge Philip A. Brimmer on 09/11/14. (jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-02609-PAB
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration,
This matter is before the Court on a review of the docket. Pursuant to D.C.
COLO.LCivR 40.1 and the Pilot Program to Implement the Direct Assignment of Civil
Cases to Full Time Magistrate Judges, this case was originally drawn to Magistrate
Judge Kristen L. Mix. On September 8, 2014, the parties submitted a consent form
indicating that they did not consent to have the magistrate judge conduct all
proceedings. Docket No. 26 at 2. As a result of the parties’ representation, the case
was reassigned to this Court. Later that day, the parties filed a second consent form,
indicating that they consented to have the magistrate judge conduct all proceedings.
Docket No. 29 at 1. The Court directed the parties to explain the apparent conflict
between the two consent forms. Docket No. 30. Plaintiff represents that the filing of
the first from, indicating a lack of consent, was the result of a typographical error and
that the second consent form, indicating consent, reflects the parties’ true intention to
consent to the jurisdiction of the assigned magistrate judge. Docket No. 31 at 2. Based
upon plaintiff’s representation, the Court concludes that consent to the jurisdiction of
the magistrate judge has been achieved under 28 U.S.C. § 636(c) and the Pilot
Program to Implement the Direct Assignment of Civil Cases to Full Time Magistrate
Judges. The Clerk of the Court is therefore directed to reassign this case pursuant to
the Pilot Program to Magistrate Judge Kristen L. Mix.
DATED September 11, 2014.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
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