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Home My WebLink About2021-cv-2306-RM-KLM - Perry V. State Of Colorado, Et Al - 064 - Pl's Motion To Withdraw Magistrate Assignment'. r V. and, t I' and, ti {' i " I 1 and, i 2022 JUL 25 PH I: 03 IN THE UNITED STATES DISTRICT ... CtfUJRtf. CCiLWE!J{:, FOR THE DISTRICT OF COLORADO CLERK tY .... ______ DE.'~. fl!JK Civil Action No. 1 :21-cv-02306-RM-f<[M Robert-Lawrence: Perry, Petitioner Each 'STATE OF COLORADO' Individual employee, executive officer, and/or adminisfrative official acting personally, individually, and/or in combination namely, Alita King, Thomas Lynch, and Daniel McDonald, and each 'doe' administrator, agent, and/or executive, and Steven Vasconcellos, and 'doe' judicial administrators; The 'CITY OF FORT COLLINS', et. al., including each Individual administrative official, agent, employee and or executive officer, acting personally, individually,-and or together, including each individual member of the city council and Mayor, the City Attorney, the City Manager, Darin Atteberry, Ross Cunniff, Gerry Horak, Ray Martinez, Kristin Stephens, Ken Summers, Wade Troxell, including 'doe' agents, administrators, executives, officers and / or each 'doe' appointee administrator, agent, police officer, official, and 'City' employees, namely, Brandi Lynn Neito, Dan Callahan, Jill Hueser, and Ryan Westlind; CSU BOARD OF GOVERNORS, for 'CSU', and each individual member of the 'CSU Board of Governors', for 'COLORADO STATE UNIVERSITY' and each 'doe' and or named administrators, agents, employees or officials acting personally, individually, and or together, namely, Scott Harris, Jeff Goetz, Jesse Ihnen, Michael Lohman, Phil Morris, Derek Smith, Lynn Johnson, Mark Gill, and Nie Olsen, and each. heir appointee and/or official; each Individual Jointly and Severally Liable as Co-Defendants; Larimer County Board of Governors, and each individual member personally and in his/her official capacity, and all doe administrators, agents, employees, and officials acting individually or together personally or in their official capacity. MOTION TO WITHDRAW MAGISTRATE ASSIGNMENT 1 Case 1:21-cv-02306-RM-KLM Document 64 Filed 07/25/22 USDC Colorado Page 1 of 4 f I' 1 MOTION TO WITHDRAW MAGISTRATE ASSIGNMENT Petitioner, Robert-Lawrence: Perry hereby submits this Motion to Withdraw Order of Assignment, and respectfully requests that District Court Judge, Raymond P Moore withdraw the Order of Assignment of Magistrate Kristen L. Mix pursuant to 28 U.S.C. § 636(c)(4) and in compliance with 28 U.s.c: § 636(b)(1 )(A). SUMMARY ARGUMENT Title 28 U.S.C. § 636(c) states, in pertinent part: (4) 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. Title 28 U.S.C. § 636 states, in pertinent part: (b)(1) "Notwithstanding any provision of law to the contrary-- (A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion ... to dismiss for failure to state a claim upon which relief can be granted, ... " Each attorney on behalf of each Defendant has filed two motions to dismiss and each motion to dismiss was erroneously assigned to Magistrate Mix. In accordance with 28 U.S.C. § 636(b)(1 )(A), the motions to dismiss s~ould not have been assigned to Magistrate Mix. 2 MOTION TO WITHDRAW MAGISTRATE ASSIGNMENT Case 1:21-cv-02306-RM-KLM Document 64 Filed 07/25/22 USDC Colorado Page 2 of 4 Petitioner filed a Motion for Declaratory Judgment and Injunctive Relief pursuant to Title 28 U.S. Code §§ 2201 and.2202 that has been treated as civil litigation matter when there are no material facts in dispute because they are a matter of public record. There is no need for pre-trial proceedings or the involvement of a Magistrate. The only pending claim for relief is a motion for declaratory judgment and injunctive relief which defendants are attempting to dismiss yet the Magistrate has no valid legal authority to decide according to 28 U.S.C. § 636(b)(1)(A). Also, Petitioner intends to file a second motion to amend and include a claim for relief for confirmation of an arbitration award. Fed.R.Civ.Proc. 26(a)(1 )(B)(ix) and (f) exempts all arbitration proceedings from any r~quirements of either discovery or case management proceedings under F.R.C.P. 16. Further, F.R.C.P. 81 (a)(6)(B) exempts arbitration matters from civil procedure, and F.R.C.P. 72 does not grant magistrates authority to review arbitration matters. Thus, the Magistrate cannot decide either the pending Motion for Declaratory Judgment and Injunctive Relief, not the impending motion to confirm arbitration award. Wherefore, Petitioner respectfully requests that U.S. District Court Judge Raymond P. Moore withdraw the assignment of Magistrate Mix. Dated: This 15th day of July 2022. Signed by: /s/ Robert-Lawrence: Perry, :.Man 3 MOTION TO WITHDRAW MAGISTRATE ASSIGNMENT Case 1:21-cv-02306-RM-KLM Document 64 Filed 07/25/22 USDC Colorado Page 3 of 4 ·• t ' j. r l ~ . i 1 I. CERTIFICATE OF SERVICE I, Robert-Lawrence: Perry, hereby certify that I sent a complete, correct and true copy of the foregoing Motion to Withdraw Magistrate Assignment addressed to each Attorney of Record for all Defendants by first-class U.S. Mail, postage pre-paid, and/or by emailing documents, such as agreed by consent to. the following: Attorneys for Defendants, The City of Fort Collins, et al. Darin Atteberry, City Manager 300 La Porte Ave., (City Hall) Fort Collins, CO 80522 Phone: (970) 221-6520 hoffmank@hallevans.com ratnerm@hallevans.com The State of Colorado, et. al. for: Steven Vasconcellos 1300 Broadway, 10th Floor Denver, Colorado 80203 Phone: (720) 508-6000 Carman.VanPelt@coag.gov Dated this: July 15, 2022 Signed pursuant to C.R.S. 4-3-402 by, Robert-Lawrence: Perry, Trustee for: 4786 McMurry Ave., Unit 242 Fort Collins, Colorado 80525 fort_ scout@yahoo.com Phone: (970) 980-1849 Colorado State University, et, al. Attn.: Jannine Mohr, Attorney 1300 Broadway, 10th Floor Denver, Colorado 802!)3 Phone: (720) 508-6000 Skip.Spear@coag.gov Allison .Ailer@coag.gov CSU Board of Governors, for: Colorado State University, et al. 555 seventeenth St., Suite 1000 Denver, Colorado 80201 Phone: (970) 491-64~5 Denise.Munger@coag.gov j?,4.(?~ Isl 'Robert-Lawrence: Perry, Man ROBERT LAWRENCE PERRY, Person MOTION TO WITHDRAW MAGISTRATE ASSIGNMENT 4 Case 1:21-cv-02306-RM-KLM Document 64 Filed 07/25/22 USDC Colorado Page 4 of 4