U.S. v. 2005 FORD F-150 SUPERCREW XLT, 15-cv-2296-WYD-GPG. (2016)
Court: District Court, D. Colorado
Number: infdco20160113795
Visitors: 12
Filed: Jan. 12, 2016
Latest Update: Jan. 12, 2016
Summary: ORDER WILEY Y. DANIEL , Senior District Judge . THIS MATTER is before the Court sua sponte regarding the Parties' Consent to the Exercise of Jurisdiction by a United States Magistrate Judge (ECF No. 11). This Court ordered that the above action be referred to part-time Magistrate Judge Gordon P. Gallagher on December 8, 2015. However, the statute governing consent jurisdiction, 28 U.S.C. 636(c), indicates that consent jurisdiction for a part-time magistrate judge is only appropriate upo
Summary: ORDER WILEY Y. DANIEL , Senior District Judge . THIS MATTER is before the Court sua sponte regarding the Parties' Consent to the Exercise of Jurisdiction by a United States Magistrate Judge (ECF No. 11). This Court ordered that the above action be referred to part-time Magistrate Judge Gordon P. Gallagher on December 8, 2015. However, the statute governing consent jurisdiction, 28 U.S.C. 636(c), indicates that consent jurisdiction for a part-time magistrate judge is only appropriate upon..
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ORDER
WILEY Y. DANIEL, Senior District Judge.
THIS MATTER is before the Court sua sponte regarding the Parties' Consent to the Exercise of Jurisdiction by a United States Magistrate Judge (ECF No. 11). This Court ordered that the above action be referred to part-time Magistrate Judge Gordon P. Gallagher on December 8, 2015. However, the statute governing consent jurisdiction, 28 U.S.C. § 636(c), indicates that consent jurisdiction for a part-time magistrate judge is only appropriate upon the consent of the parties, if the chief judge of the district court certifies that a full-time magistrate judge is not reasonably available, and the assignment to the part-time magistrate judge is designated by concurrence of the majority of all the judges of the district court.
Since the required conditions for such consent jurisdiction to a part-time magistrate judge do not exist in this case, I must vacate the Order of Reference (ECF No. 12) predicated on the Consent (ECF No. 11). Accordingly, I will remain as the presiding judge on this matter, and Magistrate Judge Gallagher will remain as the magistrate judge on the matter, but without consent jurisdiction.
Source: Leagle
