Gilmore v. Snyder et al

Filing 14

MEMORANDUM AND ORDER re 12 Consent Withheld To Proceed Before A Magistrate. See Order for details. Signed by Chief Judge Kathryn H. Vratil on 8/6/2013. Mailed to pro se party Angela Marie Bogue Gilmore by regular mail. (kao)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ANGELA MARIE BOGUE GILMORE,

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Plaintiff,
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v.
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MARTY SNYDER, et al.,
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Defendants.
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__________________________________________)

CIVIL ACTION
No. 12-1446-KHV

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s Consent Withheld To Proceed Before A
Magistrate (Doc. #12) filed July 9, 2013. Plaintiff states that she does not consent pursuant
to 28 U.S.C. § 636(c) and Rule 73, Fed. R. Civ. P., to allow a magistrate judge to conduct
proceedings in this case. While the trial in this case will not be conducted by a magistrate judge
without the parties’ consent, the parties do not have the authority to withhold consent for a
magistrate judge to perform the duties prescribed by 28 U.S.C. § 636(a). See D. Kan. R. 72.1.1.
Insofar as plaintiff’s filing is intended to notify defendants and the Court that plaintiff
withholds her consent to trial by a magistrate judge, it is so noted. The Court also construes
plaintiff’s filing as a motion for the undersigned judge to conduct all pretrial proceedings in this
case. To that extent, plaintiff’s motion is overruled. A magistrate judge will perform all appropriate
duties necessary in this case as authorized by 28 U.S.C. § 636(a) and D. Kan. R. 72.1.1.
Dated this 6th day of August, 2013, at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge