Griffith v. State of Colorado et al

Filing 5

ORDER Drawing Case. This case shall be drawn to a presiding judge and, if applicable, to a magistrate judge, by Magistrate Judge Gordon P. Gallagher on 12/15/14. (nmarb, ) (Additional attachment(s) added on 12/15/2014: # 1 Magistrate Judge Consent Form) (nmarb, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.

Plaintiff(s),
v.

Defendant(s).
______________________________________________________________________
NOTICE OF AVAILABILITY OF UNITED STATES MAGISTRATE JUDGE TO
EXERCISE JURISDICTION
______________________________________________________________________
Under 28 U.S.C. § 636(c) and the Pilot Program to Implement the Direct
Assignment of Civil Cases to Full Time Magistrate Judges, you are notified that this civil
action has been randomly assigned to a full time United States magistrate judge of this
district to conduct all proceedings in this civil action, including trial, and to order the
entry of a final judgment. Exercise of this jurisdiction by a magistrate judge, however, is
permitted only if all parties voluntarily consent to the reference under 28 U.S.C. §
636(c). An appeal from a judgment entered by a magistrate judge shall be taken directly
to the appropriate United States Court of Appeals in the same manner as an appeal
from any other judgment of a district court.
You may, without adverse substantive consequences, withhold your consent,
and this shall prevent the court’s jurisdiction from being exercised by a magistrate
judge.
You must complete and file the attached Consent Form at the earlier of (1) not
more than ten days after the scheduling conference; or (2) not more than forty-five days
after the filing of a response, other than an answer, to the operative complaint. All
parties must either consent to the exercise of magistrate judge jurisdiction, or any party
may decline to consent. In either event, filing of the Consent Form is mandatory,
indicating either the unanimous consent of the parties or that at least one party has
declined to consent.
If all parties consent to magistrate judge jurisdiction, the magistrate judge shall
notify the Chief Judge, or his/her designee, who shall determine whether to enter an
Adopted January 15, 2014

order of reference under 28 U.S.C. § 636(c). If an order of reference is entered, the
magistrate judge shall conduct all proceedings and order the entry of judgment. The
district judge entering the order of reference, for good cause shown on the district
judge’s own initiative or under extraordinary circumstances shown by a party, may
vacate the order of reference. If consent is declined by any party, no order of reference
is entered, or the order of reference is vacated, the case shall be assigned under
D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the case to hear
matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72, and
D.C.COLO.LCivR. 72.1(c). Any party added to the case after reference to a magistrate
judge under this Pilot Project shall be notified by the clerk of the obligation to complete
and file the applicable Consent Form. If any added party does not consent to the
exercise of magistrate judge jurisdiction within 21 days from the date of the notice, the
case shall be assigned under D.C.COLO.LCivR 40.1(a), and the magistrate judge shall
continue on the case in the same capacity as if consent had been declined initially.

2
Adopted January 15, 2014

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.

Plaintiff(s),
v.

Defendant(s).
______________________________________________________________________
CONSENT FORM PURSUANT TO PILOT PROGRAM TO IMPLEMENT THE DIRECT
ASSIGNMENT OF CIVIL CASES TO FULL TIME MAGISTRATE JUDGES
______________________________________________________________________
Under 28 U.S.C. § 636(c) and the Pilot Program to Implement the Direct
Assignment of Civil Cases to Full Time Magistrate Judges:
CHECK ONE
all parties in this civil action CONSENT to have a United States magistrate judge
conduct all proceedings in this civil action, including trial, and to order the entry of a final
judgment;
OR
at least one party in this civil action DOES NOT CONSENT to have a United
States magistrate judge conduct all proceedings in this civil action, including trial, and to
order the entry of a final judgment.
Signatures

Party Represented

Date

Print name

Print name
Adopted January 15, 2014

Signatures

Party Represented

Date

Print name

Print name
NOTE:

You must execute and file this Consent Form, indicating either the unanimous
consent of the parties or that at least one party has declined to consent, at the
earlier of: (1) not more than ten days after the scheduling conference; or (2)
not more than forty-five days after the filing of the first response, other than an
answer, to the operative complaint.

2
Adopted January 15, 2014