Billy Z. Earley P.A. 2144 Wembley Lane Corona, California 92881 Telephone: 714-615-4956 Email: bze2101@aol.com Guven Uzun M.D. 4712 Admiralty Way, Suite 930 Marina Del Rey, California 96259 Attorneys for Plainsffs Appearing In Propria Persona UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DOES 1-10, Action Filed: April 2, 2018 Ti Defendants, DEMAND FOR JURY TRIAL BILLY Z. FARLEY P.A.; ) GUVEN UZUN M._D., > ) AFFIDAVIT OF CORRECTION Plaintifis, ) MAGISTRATE JURISDICTION : } DECLINED 28 USS. Code § 636) ) EMUND GERALD BROWNJR., Governor.) Pale! ose of California, in his Official Capacity; and) Gyurtrogm 6: ‘Lath Plage XAVIER BECERRA, Atomey General of Sian faa fon Mi California, in his Official Capacity, and ) Teal Due: None Set ) ) i) ) ) PLEASE TAKE NOTICE: On June 5, 2018, plaintiff submitted a Notice of Rescheduling Hearing on Defendants’ Motion to Dismiss Plaintiff Complaint. The Clerk and or Court erred in its response according to federal rules. AFFIDAVIT OF CORRECTION MAGISTRATE JURISDICTION DECLINED1. Plaintiffs had good cause for rescheduling the hearing to June 26, 2018 at 1:30 p.m, with Honorable John Mendez because plaintiffs’ declined to proceed before a US Magistrate Judge. The defendants did not oppose this matter and therefore plaintiffs reserve jurisdiction, regardless if defense objected. 2. In addition, the matter before the Court is a failure to state a claim motion 12(b)(6) and according to federal rules and regulations, a Magistrate cannot or should not bench these types of cases, as such 3. The Jurisdictional powers and temporary assignment of a Magistrate Judge is regulated by 28 U.S. Code § 636, Under section 28 U.S. Code § 636(a\(b)(1)(A) provides: “A judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action...” 4. Pursuant to section 28 U.S. Code § 636 (c)(2) provides: “If a magistrate [judge is designated to exercise civil jurisdiction under paragraph (1) of this subsection, the clerk of court shall, at the time the action is filed, notify the parties of the availability of a magistrate judge to exercise such jurisdiction. The decision of the 2 AFFIDAVIT OF CORRECTION MAGISTRATE JURISDICTION DECLINEDparties shall be communicated to the clerk of court. Thereafter, either the district court judge or the magistrate judge may again advise the parties of the availability of the magistrate judge, but in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences. Rules of court for the reference of civil matters to magistrate judges shall include procedures to protect the voluntariness of the parties’ consent,” and finally i Pursuant to section 28 U.S. Code § 636 (c)(4) the statute provides: “The court may, for good cause shown on its own motion, or under extraordinary circumstances shown by any party, vacate a reference of a civil matter to a magistrate Judge under this subsection.” For the above reasons, the Judge must vacate the ‘magistrate judge because jurisdiction has been declined for good cause and according to federal statutory Inw, the Magistrate Judge should not hear a motion for 12(b)(6) and must not force jurisdiction on litigants declining services under 28 U.S. Code § 636, as such, 6. Plaintiff is asking the Court to grant relief for good cause and reverse Docket 14 Minute Orders to reflect that 12(B)(6) Motion be heard before Hon. John Mendez as the Magistrate Judge does not have Jurisdiction or Authority to hear this Motion, as such, plaintiffs will not appear on June 15, 2018, as this Calendar scheduled hearing appears to have been made in error. Respectfully submitted, 3 AFFIDAVIT OF CORRECTION MAGISTRATE JURISDICTION DECLINEDI declare under penalty of perjury of the laws of the State of Califomia that the foregoing statements are true and correct. Signed and swom to this 12 day of June, 2018, at Riverside, California. Dated: June 12, 2018 Billy Z. Earley 2144 Wembley Lane Corona, California 92881 Appearance In Propria Persona 4 ‘AFFIDAVIT OF CORRECTION MAGISTRATE JURISDICTION DECLINED20 2 2 23 28 25 PROOF OF SERVICE [am a resident of the State of California. | am over the age of 18 and not a party to the within action, My business address is 2144 Wembley Lane, Corona, CA 92881. 1 served the following documents as listed: 1, AFFIDAVIT OF CORRECTION MAGESTRATE JURISDICTION DECLINED (28 U.S. Code § 636) 2. PROOF OF SERVICE On all interested parties in this action by placing a true copy and correct copy thereof in a sealed envelope, with first-class postage prepaid thereon, and deposited said envelope in the United States mail at or in Corona California, addressed to: Anna Ferrari Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, California 94102-7004 Honorable Judge John A. Mendez Eastern District Court of California 501 I Street, Suite 4-200 Courtroom 6, 14° Floor Sacramento, California 95814-2322 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 12, 2018. N MAGISTRATE JURISDICTION DECLINED PFIDAVIT OF CORRI