Whitten v. City of Omaha et al

Filing 24

ORDER - Plaintiff's Motion to Reassign Case to United States District Court Judge, (Filing No. 20 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy e-mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MATTHEW WHITTEN,
Plaintiff,

8:15CV96

vs.
ORDER
CITY OF OMAHA, a political subdivision;
et. al;
Defendants.
Plaintiff has moved to remove the undersigned magistrate judge from this case,
citing 28 U.S.C. § 636(c), and stating he “DECLINES to have a United States Magistrate
Judge conduct all further proceedings in this case.” (Filing No. 20). He requests “that
this case be reassigned to a United States District Judge in order to resolve the plaintiff’s
Objection to the Magistrate’s Report, Recommendations, and Order.” (Filing No. 20).

This case is already assigned to a district judge. The undersigned magistrate judge
has entered non-dispositive orders, and a finding and recommendation on a case
dispositive issue. For such matters, Plaintiff’s consent is unnecessary under 28 U.S.C. §
636(c). And plaintiff has presented no basis for recusal.

Accordingly,

IT IS ORDERED that Plaintiff’s Motion to Reassign Case to United States District
Court Judge, (Filing No. 20), is denied.

December 10, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge