UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION 

LARRY FREEMAN			)
Plaintiff,			)
	v.			)	Case No. 5:08-MC-0000
UNITED STATES OF AMERICA, and	)
COUNTRYWIDE HOME LOANS		)	Motion to Vacate 
Respondents.                    )
________________________________)

Petitioner Larry Freeman hereby files his Motion to Vacate from the Court’s Order, dated November 20, 2008 for the following reasons:

  1. Petitioner has not been given the full 20 days, according to procedure, to respond to Respondent’s Motion To Dismiss. The Order to Dismiss was dated November 20, 2008, only two days after Respondent’s Motion To Dismiss was filed.
  2. Petitioner never received a copy of the Court Order to Dismiss in a timely manner. Petitioner called Clerk of Courts on December 4, 2008 to check the status of Case (MC508-001), at which time the petitioner was told the Case was already dismissed. Petitioner requested a copy of this Order (Civil Action No. MC508-001), which he (petitioner) received by Postal mail on December 5, 2008,
  3. Federal Rules of Civil Procedure (FRCP) are rules that govern civil procedure in United States courts. At the least, two statutory provisions deal with the parameters of a magistrate’s authority to resolve certain issues in this case, Fed.R.Civ.P. 73 and 28 U.S. Sec. 636.
    1. Rule 73. Magistrate Judges: Trial by Consent; Appeal
      1. Trial by Consent. When authorized under 28 U.S.C. § 636© a magistrate judge may, if all parties consent, conduct a civil action or proceeding, including a jury or nonjury trial. A record must be made in accordance with 28 U.S.C § 636(c)(5).
      2. Consent Procedure.
        1. In General.
          When a magistrate judge has been designated to conduct civil actions or proceedings, the clerk must give the parties written notice of their opportunity to consent under 28 U.S.C. § 636(c). To signify their consent, the parties must jointly or separately file a statement consenting to the referral. A district judge or magistrate judge may be informed of a party's response to the clerk's notice only if all parties have consented to the referral.
        2. Reminding the Parties Regarding Consenting.
          A district judge, magistrate judge, or other court official may remind the parties of the magistrate judge's availability, but must also advise them that they are free to withhold consent without adverse substantive consequences.
    2. 28 U.S.C. § 636(b)(2). “a judge may designate a magistrate to serve as special master in any civil case, upon consent of the parties, without regard to the provisions of Rule 53 (b) of the federal Rules of Civil Procedure for the U.S. district courts.” 28 U.S. Sec. 636. The Federal Magistrate Act of 1979 (Act) empowers full-time magistrate judges to conduct “any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case,” as long as they are “specially designated… by the district court” and acting with “the consent of the parties.” 28 U.S.C § 636(c)(1).
  4. Petitioner was not noticed, nor did he give consent to a magistrate judge’s hearing and determination of this civil matter pursuant to 28 U.S.C. 636 (c).
  5. Wherefore, Petitioner prays that the District Court review the “Order” of the Magistrate and Petitioner’s filings in this case and find objections with merit sufficient to overturn the Magistrate’s “Order” and grant this “Motion to Vacate”.

Respectfully submitted this 5th Day of December, 2008 

________________________________		
Larry Freeman, Petitioner, pro se
Blackshear, GA  31516