Opinion
No. C 11-05217 MEJ
10-31-2011
ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION FORM
Pending before the Court is Plaintiff's in forma pauperis application. Upon review of the record in this action, the Court notes that Plaintiff has not filed a written consent to magistrate judge jurisdiction. This civil case was randomly assigned to the undersigned magistrate judge for all purposes including trial. In accordance with 28 U.S.C. § 636(c), the magistrate judges of this district court are designated to conduct any and all proceedings in a civil case, including trial and entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by a magistrate judge may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other judgment of a district court.
You have the right to have your case assigned to a United States District Judge for trial and disposition. Accordingly, Plaintiff shall inform the Court, by way of the enclosed form, whether he consents to magistrate judge jurisdiction or requests reassignment to a United States District Judge for trial. The consent/declination form shall be filed by November 15, 2011.
IT IS SO ORDERED.
Maria-Elena James
Chief United States Magistrate Judge
HOWARD DIXON Plaintiff(s),
v.
SAN FRANCISCO POLICE DEPARTMENT Defendant(s).
No. C 11-05217 MEJ
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party hereby consents to have a United States Magistrate Judge conduct any and all further proceedings in this case, including trial, and order the entry of final judgment, and voluntarily waives the right to proceed before a United States District Judge.
Dated:_
Signed by:_
Counsel for:_
REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE
The undersigned party hereby declines to consent to the assignment of this case to a United States Magistrate Judge for trial and disposition, and hereby requests the reassignment of this case to a United States District Judge.
Dated:_
Signed by:_
Counsel for:_
HOWARD DIXON
Plaintiff,
v.
SAN FRANCISCO POLICE DEPARTMENT Defendant.
Case Number: 11-05217 MEJ
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 31, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.
Howard Dixon
2363 Grande Vista Place
Oakland, CA 94621
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk