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Walter Roy Martin v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 29, 2012

WALTER ROY MARTIN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER FOR CLARIFICATION OF ELECTION TO CONSENT OR REQUEST REASSIGNMENT

On August 13, 2012, Plaintiff Walter Roy Martin ("Plaintiff") filed the "consent to assignment or request for reassignment" form that parties are required to file indicating whether they consent to the jurisdiction of the United States Magistrate Judge. Plaintiff inadvertently signed both portions of the form, simultaneously indicating both his consent and his declination to the jurisdiction of the United States Magistrate Judge. (Doc. 10.) As such, it is not clear whether Plaintiff has consented to the Magistrate Judge for all purposes.

Accordingly, IT IS HEREBY ORDERED that:

1. Within 14 days from the date of this order, Plaintiff shall refile a "consent to assignment or request for reassignment" form, signing only one portion of the form indicating whether Plaintiff wishes to consent to the United States Magistrate Judge or whether Plaintiff requests reassignment to a United States District Judge; and

2. The Clerk of the Court is DIRECTED to reserve Plaintiff with the "consent to assignment or request for reassignment" form.

IT IS SO ORDERED.

20120829

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