IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

PATRICIA BURKETT, Administratrix of the )

Estate of JEREMY BURKETT, deceased, )

)

Plaintiff, )

) 1:06-CV-00775-DRB

v. )

)

TIMOTHY EUGENE McCRAY and )

S. E. LUMBER COMPANY, )

)

Defendants. )

)

ORDER

The Consent Motion and Agreement for Dismissal of Uninsured Motorist Insurance Carrier

Without Prejudice filed November 30, 2006 (Doc. 31) is submitted by Timothy Eugene McCray, a

named Defendant in the original complaint and a Third Party Plaintiff in the submitted pleading,

and Southern General Insurance Company, a Third Party Defendant. Two deficiencies must be

remedied before this court can act on the Consent Motion. 

1. While the docket reflects the consent of Third Party Plaintiff McCray to the Magistrate

Judge’s jurisdiction in this action, it does not include similar authorization from this Third

Party Defendant. Indeed, because no counsel has appeared from this party, the Clerk has

not transmitted the following Notice of Assignment to Magistrate Judge mailed to all other

counsel of record.

In accordance with 28 U.S.C. § 636(c), the Magistrate Judges of this court

are designated to conduct any and all proceedings in a jury or nonjury civil

case and order the entry of final judgment upon the consent of all parties to

a case. Any appeal from a judgment entered by a Magistrate Judge is taken

directly to the United States Court of Appeals for the Eleventh Circuit in the

same manner as any appeal from any judgment entered in this court.

Case 1:06-cv-00775-TFM Document 33 Filed 12/01/2006 Page 1 of 4
2

Any party to this lawsuit has the right to consent or decline consent to the

jurisdiction of a Magistrate Judge. To exercise your right to consent you

should complete the consent form and return it to the Clerk of the Court as

indicated in the court’s order. Litigants, without concern for any adverse

consequences, freely may decline consent to the jurisdiction of a Magistrate

Judge. If you decline consent to the jurisdiction of a Magistrate Judge, this

case will be reassigned randomly to a District Judge.

 2. The Motion and Agreement lack execution by Southern General Insurance Company.

Accordingly, it is ORDERED as follows:

a. Counsel for Southern General Insurance Company shall file not later than December 8,

2006, a Notice of Appearance along with either an executed Consent or Request for Reassignment,

using the forms included with this Order.

b. Counsel for Central Mutual Insurance Company, another Third Party Defendant, shall file

by December 8, 2006, its response to the Notice of Assignment to Magistrate Judge mailed by the

Clerk on November 27, 2006.

c. The parties to the Consent Motion and Agreement shall file by December 8, 2006, a fully

executed pleading in lieu of their partially executed submission. (Doc 31).

Done this 1st day of December, 2006.

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00775-TFM Document 33 Filed 12/01/2006 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

PATRICIA BURKETT, Administratrix of the )

Estate of JEREMY BURKETT, deceased, )

Plaintiff, )

) 1:06-CV-00775-DRB

v. )

)

TIMOTHY EUGENE McCRAY and )

S. E. LUMBER COMPANY, )

Defendants. )

CONSENT TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of Title 28, U.S.C. § 636(c), the undersigned party or

parties to the above-captioned civil matter who previously have indicated their consent to the

jurisdiction of a Magistrate Judge of this Court, hereby confirm in writing their consent to a United

States Magistrate Judge conducting any and all further proceedings in the case, including trial, and

ordering the entry of a final judgment.

___________________________ __________________________________________

DATE SIGNATURE

__________________________________________

COUNSEL FOR (print name of all parties)

__________________________________________

ADDRESS, CITY, STATE, ZIP CODE

__________________________________________

TELEPHONE NUMBER

Case 1:06-cv-00775-TFM Document 33 Filed 12/01/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

PATRICIA BURKETT, Administratrix of the )

Estate of JEREMY BURKETT, deceased, )

Plaintiff, )

) 1:06-CV-00775-DRB

v. )

)

TIMOTHY EUGENE McCRAY and )

S. E. LUMBER COMPANY, )

Defendants. )

REQUEST FOR REASSIGNMENT OF CASE

TO A UNITED STATES DISTRICT JUDGE

The undersigned party has read the Notice of Assignment To United States

Magistrate Judge and hereby declines to consent to the Magistrate Judge’s exercise of civil

jurisdiction in this case. The undesigned party requests reassignment of this case to a United

States District Judge. The party understands that this request may not be revoked.

Signed this ____ day of ______________, ______.

__________________________________________

Signature

__________________________________________

Counsel For

__________________________________________

Address

__________________________________________

City, State Zip Code

__________________________________________

(Area Code) Telephone Number

Case 1:06-cv-00775-TFM Document 33 Filed 12/01/2006 Page 4 of 4