Barnett v. Norman, et al.

Filing 190

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 11/2/2012 disregarding consent or decline form and 146 , 189 Decline of Jurisdiction of US Magistrate Judge filed by Troas V. Barnett. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TROAS V. BARNETT,

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CASE NO. 1:05-cv–01022-BAM PC

Plaintiff,
ORDER DISREGARDING CONSENT OR
DECLINE FORM AND DECLINE OF
JURISDICTION OF MAGISTRATE JUDGE

v.
MARTIN GAMOBA, ANGEL DURAN,
and MANUEL TORRES,

(ECF Nos. 146, 189)

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Defendants.
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Plaintiff Troas V. Barnett is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants

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Martin Gamboa, Angel Duran and Manuel Torres for the use of excessive force in violation of the

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Eighth Amendment and is currently set for trial on January 22, 2012.

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On August 17, 2005, Plaintiff consented to the jurisdiction of the Magistrate Judge. (ECF

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No. 9.) On July 26, 2010, Defendants consented to the jurisdiction of the Magistrate Judge. (ECF

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No. 62.) On July 2, 2012, Plaintiff filed a form declining jurisdiction of the Magistrate Judge. (ECF

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No. 146.) On November 11, 2012, Plaintiff filed a pleading entitled “Decline of Jurisdiction of

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United States Magistrate Judge pursuant to 28 U.S.C. 636(c)(2). (ECF No. 189.)

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Plaintiff has previously consented to the jurisdiction of the Magistrate Judge and, once a civil

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case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), the reference can be withdrawn only

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“for good cause shown on its own motion, or under extraordinary circumstances shown by any

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party.” Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993). Plaintiff’s attempts to decline the
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jurisdiction of the Magistrate Judge, filed July 2, 2012, and November 11, 2012, have no effect and

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are HEREBY DISREGARDED.

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IT IS SO ORDERED.
Dated:
cm411

November 2, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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