Rodriquez v. Astrue et al

Filing 13

ORDER REGARDING PLAINTIFF'S MULTITPLE MOTIONS - The folLowing motions are DENIED: 10 MOTION to demand this case assigned to United States District Court Judge Approved by Congress and the Senate of the Unites is my constitutitional right filed by Diego M Rodriquez; 8 MOTION for Mandamus Relief filed by Diego M Rodriquez; 9 MOTION for Mandamus filed by Diego M Rodriquez and 7 MOTION to Demand this case be assigned to USDC judge filed by Diego M Rodriquez. (Motions terminated). Order signed by Judge Karen L Strombom. (PL)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 case be assigned to a district judge (Dkt. #7, #10) and two motions for mandamus relief (Dkt. #8#9). After reviewing those motions and the remaining record, the Court hereby finds and orders as follows: On April 23, 2009, plaintiff filed a motion for mandamus relief, apparently in place of or substitution for a civil complaint. (Dkt. #1). The two current motions for mandamus relief were filed with the Court on May 1, 2009, and appear to consist solely of a cover page requesting such relief and citing to 28 U.S.C. § 1361, but little else. (Dkt. #8-#9). Given that these "motions" do not contain any factual basis or argument in support thereof, and that plaintiff already has filed a This matter comes before the Court on plaintiff's filing of two motions to demand this v. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant. DIEGO M. RODRIQUEZ, Case No. C09-5241BHS-KLS Plaintiff, ORDER REGARDING PLAINTIFF'S MULTIPLE MOTIONS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ORDER - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 motion for mandamus relief to initiate this proceeding, both motions (Dkt. #8-#9) hereby are DENIED. In regard to the two current motions to demand this case be assigned to a district judge, which were filed on May 1, 2009, as well, plaintiff already filed a motion making such a request in this matter (Dkt. #4), which the Court previously denied (Dkt. #5) on that same day. As such, those motions are both moot and duplicative, and accordingly they (Dkt. #7, #10) hereby also are DENIED. The Clerk is directed to send a copy of this Order to counsel for plaintiff. DATED this 28th day of May, 2009. A Karen L. Strombom United States Magistrate Judge ORDER - 2

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