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1 OLIVER B. MITCHELL IU
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3 (213) 926-4868 or (s62) 826-9088 i {i5 h Hi.!L I l" r:
INI PRO PER
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA

B OLIVER B. MITCHELL III, cv-13-6030-oDw (AS)


Plaintiff.
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REQUEST FOR REASSIGNMENT TO
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A U.S. DISTRICT JUDGE

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LINITED STATES DEPARTME,NT OF
L2 VETERANS AFFAIRS, et a1.,
I)efendant.
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IJ

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On August 16,2013, the Plaintiff opened this action with a request to proceed without
15 prepayment of the filing fee dated and filed August 16,2013. (Docket lt{o. 1)
76 Leave to file was granted and Plaintiffs complaint was filed September 26,2013.
71 (Docket No. 3)
18 On September 26,2013, this case was assigned to District Judge Otis D. Wright II and
19 the assigned Magistrate Judge of Carla Woehrle. Pursuant to General Order 05-07 of the
2C) United States District Court for the Central District of California, Magistrate Judge Carla
27 Woehrle had been designated to hear discovery related motions. (Docket No. 3-1)
22 On November 7,2013, District Judge Wright vacated reference to the Magistrate

23 Judge saying "Reference to the discovery Magistrate Judge is hereby vacated. The above

24 case is referred to a Magistrate Judge pursuant to General Order 05-07 for a Report and

ar Recommendation. Pursuant to the above order, this case has been reassigned to Magistrate

26 Judge Carla Woehrle for a Report and Recommendation. (Docket No.12)

21 On April 14,2016, the Deputy Clerk for the Central District Court in Califomia
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reassigned this case "due to the unavailability of a judicial offlcer." The Plaintiff s case had

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REQUEST FOR REASSIGNMENT TO A U.S. DISTRICT JUDGE 2:l3cv603A
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been reassigned to Magistrate Judge Alka Saear for all proceedings in accordance with
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General Order 05-07. (Docket No. 58)
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In accordance with 28 U.S.C. $ 636(c) and FRCP 73, aMagistrate Judge is available
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to preside over all aspects of a case, including the jurisdictional authority to:
5 1. Schedule, hear, and decide all dispositive and non-dispositive matters;
5 2. Schedule, hear, and decide all interlocutory matters;
1 3. Conduct jury or non-jury trials;
8 4. Enter final orders and judgment; and
9 5. Decide allpost-trial motions.
10 However, a Magistrate Judge's exercise of this jurisdiction is permitted only if all
11 parties who have appeared voluntarily consent.

t2 After this case was filed, the Clerk of the Court failed to send the appropriate notice
13 and consent form as provided by the General Order. The consent form were to afford each

74 party an initial opporhrnity to consent to having a Magistrate Judge assume complete

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jurisdiction over this case, including trial and entry ofjudgment. At that time, each party had

16 an obligation whether to consent to or decline Magistrate Judge jurisdiction as soon as

t1 possible.

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There are no notations on the docket reflecting that either the Plaintiff or the
Defendants consented to proceed before a Magistrate Judge, nor that the Court ever received
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a form consenting to the jurisdiction of a Magistrate Judge. A Magistrate Judge can only
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proceed under 28 U.S.C. $ 636(c) when all parties consent.
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Per the Courts General Order 05-07,Page 9,Item 4 states "If a District Judge vacates
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reference to a Magistrate Judge for discovery and instead refers the matter to a Magistrate
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Judge for a report and recommendation, the case shall be randomly assigned to a "new"
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Magistrate Judge for the report and recommendation if no discovery matters were heard by
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the discovery Magistrate Judge.


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In this instance, when on November 7,2013, District Judge Wright vacated reference
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to Magistrate Judge Carla Woehrle and reassigned to Magistrate Judge Carla Woehrle for a
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REQUEST FOR REASSIGNMENT TO A U.S. DISTRICT ruDGE 2:13cv6030
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Report and Recommendation, the Court itself committed fraud upon the Court by failing to
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"randomly assign this case to a new Magistrate Judge."
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In this instance, when on April 14,20t6, the Deputy Clerk failed to reference whether
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Magistrate Judge Alka Sagar would conduct discovery or Report and Recommendation in
5 accordance with General Order A5-07, the Court itself committed fraud upon the Court by
6 failing to gain consent to proceed before a Magistrate Judge.

1 WHEREFORE, in accordance with provisions of 28 tl.S.C. $ 636(c)(a) and Fed. R.


8 Civ. P. 73(b), and the Central District Court of California General Order No. 05-07, the
9 undersigned parfy to this case requests that the reference of the case to the Magistrate Judge

10 be VACATED and the case reassigned to a District Judge.

11 Dated: May 19, 2017

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74 OLIYER B. MITCHELL III


15 622WN,L STREET
76 LOS ANGELE,S, CALIFORNIA 90014
l1 {213) 926-4868 or (562) 826-9088
1B IN PRO PER
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REQUEST FOR REASSIGNMENT TO A U.S. DISTRICT ruDGE 2:13cv6030