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Gilmore v. Snyder

United States District Court, Tenth Circuit

August 6, 2013

ANGELA MARIE BOGUE GILMORE, Plaintiff,
v.
MARTY SNYDER, et al., Defendants

MEMORANDUM AND ORDER

KATHRYN H. VRATIL United States District Judge

This matter is before the Court on plaintiff’s Consent Withheld To Proceed Before A Magistrate (Doc. #12) filed July 9, 2013. Plaintiff states that she does not consent pursuant to 28 U.S.C. § 636(c) and Rule 73, Fed. R. Civ. P., to allow a magistrate judge to conduct proceedings in this case. While the trial in this case will not be conducted by a magistrate judge without the parties’ consent, the parties do not have the authority to withhold consent for a magistrate judge to perform the duties prescribed by 28 U.S.C. § 636(a). See D. Kan. R. 72.1.1.

Insofar as plaintiff’s filing is intended to notify defendants and the Court that plaintiff withholds her consent to trial by a magistrate judge, it is so noted. The Court also construes plaintiff’s filing as a motion for the undersigned judge to conduct all pretrial proceedings in this case. To that extent, plaintiff’s motion is overruled. A magistrate judge will perform all appropriate duties necessary in this case as authorized by 28 U.S.C. § 636(a) and D. Kan. R. 72.1.1.


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