aa 22 23 24 25 26 3 Billy Z. Earley B.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 Telephone: 310-867-5556 Email: medicalexpertl@gmail.com Attorneys for Plaintiffs Appearing In Propria Persona UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BILLY Z. EARLEY P.A.; ) CASE NO: 2:18-CV-0723-JAM. GUVEN UZUN M_D., ) ) PLAINTIFF’S MOTION TO Plaintifis, ) DISMISS CASE WITHOUT ws ; PREJUDICE AGAINST ALL : } DEFENDANTS EMUND GERALD BROWN JR, Governor) (FRCP 41(a).) of California, in his Official Capacity; and XAVIER BECERRA, ‘Attorney General of ; Date: Sune 26, 2018 California, in his Official Capacity, and jy ‘Time: 1:30 pan. DOES 1-10, 3 Courtroom 6: 14th Floor ) Judge: Hon, John A, Mendez } Trial Date: None Set Dee } Action Filed: April 2, 2018 ) ) PLEASE TAKE NOTICE that Billy Z. Earley and Guven Uzun (collectively “Plaintiffs”) hereby dismiss all claims against Edmund Gerald Brown and Xavier Becerra (collectively “Defendants”) without prejudice based on the following: 1 PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE1. Plaintiffs" filed action against defendants on April 2, 2016 and withheld (denied) consent to appear before a Magistrate Judge (see page 4). Plaintiffs were recently made aware by opposing counsel that Eastern District Local Rule 302(c)(21) provides that a Magistrate Judge in “Sacramento” shall hear all civil complaints in propria persona, Furthermore, plaintiffs were informed that an Article III Judge cannot hear any cases brought before the Court by pro se litigants. The laws providing, consent and execution of consent regarding 636(c)(b) states there will be “no” adverse consequences for denying, challenging, or requesting reassignment, however, under rule 302(c) provides: “(21) In Sacramento, all actions in which all the plaintiffs or defendants are proceeding in [propria persona, including dispositive and non-dispositive motions and matters. Actions initially assigned to a Magistrate Judge under this paragraph shall be referred back to the assigned Judge if a party appearing in propria persona is later represented by an attorney appearing in accordance with L.R, 180.” Subdivision (d) provides: “(d) Retention by a District Judge. Notwithstanding any other provision of this Rule, a Judge may retain any matter otherwise routinely referred to a Magistrate Judge. Applications for retention of such matters, however, are looked upon with disfavor and granted only in unusual and compelling circumstances. “ Self-Litigants Subjected To Adverse Consequences: ‘Congress has held that parties are free to withhold consent to a United States magistrate judge without adverse consequences in the handling of their case, however, this appears to be in question because subdivision (d) clearly states that those who do not consent and. seek reassignment will be disfavor. The fact that no selflitigants will be entitled to an Article Ill judge appears to discriminate against the poor and those who practice lay and common law, and finally The Magistrate information page instructs the public that they must have consent before their case is heard, this is not true (see page 5). The consent form on page 4, specifically gives reference to 636(c)(2) with respect to denying and execution of the consent. PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE28 a 28 The Court appears to be providing conflicting rules and regulations to the filers by constructing local rules that opposes statutory rules associated with Court Forms, Specifically the Consent Form 28 U.S.C. 636(c)(2) provides: “(C) the magistrate judge shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties.” “() A judge may designate a magistrate judge to serve as a special master pursuant to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts. A judge may designate a magistrate judge to serve as a special master in any civil case, upon consent of the parties, without regard to the provisions of Tule 53(b) of the Federal Rules of Civil Procedure for the United States district courts.” In addition, rute 53, Master provides: Rule 53. Masters (a) APPOINTMENT. (1) Scope. Unless a statute provides otherwise, a court may appoint a master only to: (A) perform duties consented to by the parties... Conclusion Plaintiffs did not give consent or jurisdiction to Magistrate Judge and complied with Court Forms and procedures that appears to conflict with local rules of the Court, including disfavoring litigants who seek to challenge a Magistrate’s jurisdiction and reassignment; a process that the Supreme Court has not held to be valid. As such, plaintiffs hereby dismiss this action completely without prejudice do to the recent findings and denial/restrictions of having an Article III judge hear the case. Dated: June 13, 2018 ‘Respectfully submitted, Guven Uzun Appearances In Propria Persona 3a0 a 2 20 2 22 23 24 25 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BILLY 2. BARLEY, BT AL, Plaiifis)Ptidone), CASENO. 2:18-CV-00723-JAM-DB EDMUND GERALD BROWN JR, FT AL Defeodans)Respoadent) IMPORTANT IF YOU CHOOSE TO CONSENT OR DECLINE TO CONSENT TO JURISDICTION OF AUNITUD STATES MAGISTRATE JUDGE, CHECK AND SIGN THE APPROPRIATE SECTION OF THIS FORM AND RETURN IF TO THE CLERK'S OFFICE. © CONSENT TO JURISDICTION OF UNITED STATES MAGISTRATE JUDGE 1 geordance wit he provisions of Tile 28, US.C Soe 636(6\(1), the undersigned deceby voluntarily consents to havea United States Magsato Judge conde al finer proceedings in this case including tal and entry of final jdgmen, with act rview by the Ninth Circuit Cout of Appeals, the eve ah appeal i filed Dat: Signaue: PrineName; ‘eatin ( Tose Counsel for DA RECLINE OF JURISDICTION OF UNITED STATES MAGISTRATE JUDGE Pursuant to Tit 28, US.C. See 636(0K2), the mdersigned acknowledges the bility of United Stics Mogstare fag bt ety deel oie: Ape 06, 2018 wea gL “ f? Peni ay laa Ke Couns for “Uf representing more than one par, counsel must intcat the name of each party responding. PLAINTIFF’S MOTION TO DISMISS WITHOUT PREJUDICE16 a ae a9 20 24 25 26 28 Magistrate Judge Deborah Barnes (DB) United States District Court - Eastern Distrit of California Courtroom #27 Courtroom Deputy: Pete Buzo Office: (916) 930-4128 Civil Law and Motion: Civil law and motion is heard every Friday at 10:00 a.m. pubis Vie vy Gist “008, File moving papers in accordance with the Local and. Federal Rules. ‘TELEPHONIC APPEARANCES: ‘Telephonic appearance is generally permitted and ‘encouraged. Please eontaet the courtroom deputy at least two days prior to a hearing dete to make arrangements fora telephonic appearance, A party may not use a cellular phone to appear telephonically CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE IN CIVIL CASES: ‘The United States Magistrate Judges of the Easter Distriet are available to exercise the court's ea clispositivejurisdietion and to conduct any or all case dispositive proceedings, provided all parties file voluntarily consent forma, The primary benefit of consent to magistrate judge jurisdiction is thatthe trial calendars of magistrate judges tend io be less congested and more flexible than those of district judges, bevause magistrate judges do not conduct felony criminal t Sev court's Consent fo Proceed Before Magistrate fora NEC PLESTIY COAPPRERS fs: SSSEP RV COL REROT DEMEDS PROPOSED ORDERS: As required by the Local Rules, counsel shall submit vie email to doondersieaed.uscourts ov, the proposed order accompanying any application, request, stipulation or motion in Microsoft Word format, Pursuant to Local Rule 131 (c) the document ‘must include the attomeys”clectronie signatures) (ie. A/ FirsvLast name), ns well a the date the document was signed. Stipulations and proposed orders should be submitted asa single Microsoft ‘Word document. electronically signed by the partes. PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICEaa 22 23 26 28 26 26 PROOF OF SERVICE Lam a resident of the State of California. I am over the age of 18 and not a party to the within action. My business address is 2144 Wembley Lane, Corona, CA 92881. I served the following documents as listed: 1. PLAINTIFF"S MOTION TO DISMISS CASE WITHOUT PREJUDICE AGAINST ALL DEFENDANTS (FRCP 41(a).) 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 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 13, 2018. Maria Earley 3 = 6 PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE