Holdner v. Coba et al

Filing 50

OPINION and ORDER - The proper route of appeal of the court's Order and Judgment is to the Ninth Circuit Court of Appeals. Holdner's motion/appeal 49 is procedurally invalid and is DENIED. IT IS SO ORDERED. DATED this 22nd day of August, 2016, by United States Ordered by Magistrate Judge John V. Acosta. (copy of this document mailed to plaintiff this date) (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

WILLIAM F. HOLDNER, D.B.A.
HOLDNER FARMS

Plaintiff,

Civ. No. 3:15-cv-2039-AC

OPINION AND ORDER

v.
KATY COBA, DIRECTOR OF OREGON
DEPT. OF AGRICULTURE, IN HER
INDIVIDUAL AND OFFICIAL CAPACITY;
DICK PEDERSON, DIRECTOR OF THE
OREGON DEPT. OF ENVIRONMENTAL
QUALITY, IN HIS INDIVIDUAL AND
OFFICIAL CAPA CITY,
Defendants.

ACOSTA, Magistrate Judge:
Before the court is plaintiff William F. Holdner's ("Holdner") appeal (ECF No. 49) of the
court's Opinion and Order (ECF No. 43) and Judgment (ECF No. 44) dismissing Holdner's
lawsuit with prejudice.
All parties to this case granted full consent to jurisdiction by a U.S. Magirstrate Judge on
January 19, 2016. (ECFNo. 19.) 28 U.S.C. § 636(c) provides,

Upon the consent of the pmiies, a full-time United States magistrate judge or a pmi-time
United States magistrate judge who serves as a full-time judicial officer may conduct any
or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the
case, when specially designated to exercise such jurisdiction by the district court or comis
he serves.

Upon entry of judgment in any case referred under paragraph (I) of this subsection, an
aggrieved pmiy may appeal directly to the appropriate United States comi of appeals
from the judgment of the magistrate judge in the same manner as an appeal from any
other judgment of a district court.
Id. at(!), (3).

The proper route of appeal of the court's Order and Judgment is therefore to the Ninth
Circuit court of appeals. For these reasons, Holdner's appeal (ECF No. 4-9) is procedurally
invalid and is DENIED.
IT IS SO ORDERED.
DATED this 22nd day of August, 2016,

JO:rpN V. ACOSTA
United 8-Jlates Magistrate Judge