CAPONEGRO v. THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al
MEMO AND PROCEDURAL ORDER that all parties shall cooperate with the Magistrate Judges administration of the case and shall attend conferences as ordered. Failure to do so will place a party in jeopardy of dismissal for failure to prosecute its case. Signed by Judge Kevin McNulty on 3/4/16. (sr, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
ARTHUR B. CAPONEGRO,
Civ. No. 15-cv-343 (KM)
MEMO and PROCEDURAL ORDER
THE UNITED STATES DEP’T OF
HOUSING AND URBAN
DEVELOPMENT, et al.,
Plaintiff has filed a document entitle “Plaintiff’s Declination to Magistrate
Judge Jurisdiction.” (ECF no. 22) He states that he “declines to have
magistrate Hon. Judge Hammer conduct any and all future proceedings in this
case,” and requests that I hear all matters. He cites 28 U.S.C.
The statute cited by the plaintiff, 28 U.S.C
§ 636, grants Magistrate
Judges broad powers to perform acts in connection with administration of the
case. In doing so, the Magistrate Judge acts under the authority of the District
Judge, and his rulings are subject to appeal to the District Judge.
A party cannot unilaterally opt out of proceedings before the Magistrate
Judge and demand to deal solely with the District Judge. Plaintiff may be
referring to trials before a Magistrate Judge that require consent under 28
§ 636(c), but that is not at issue here.
So, to avoid any misunderstanding:
IT IS this 4th day of March, 2016
ORDERED that all parties shall cooperate with the Magistrate Judge’s
administration of the case and shall attend conferences as ordered. Failure to
do so will place a party in jeopardy of dismissal for failure to prosecute its case.
United States District Jud
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