Villegas v. Schulteis et al

Filing 102

ORDER DENYING Motion to Withdraw Consent re 100 signed by Magistrate Judge Michael J. Seng on 2/8/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SANTOS A. VILLEGAS,

1:09-cv-00493-MJS-PC

Plaintiff,
v.
L. L. SCHULTEIS, F. RODRIGUEZ, G.
ZUCKER, M. SOTO, F. MARTINEZ, L.
KNIGHT, AND M. CARRASCO,

ORDER DENYING MOTION TO WITHDRAW
CONSENT

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(ECF No. 100)

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Defendants.

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/

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Plaintiff Santos A. Villegas (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 8, 2009,
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Plaintiff consented in writing to Magistrate Judge jurisdiction. On February 6, 2012, Plaintiff
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filed a notice with the Court indicating that he wishes to decline consent to Magistrate
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Judge jurisdiction. (ECF No. 100.) The Court construe this as a motion seeking to
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withdraw consent.
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Once a civil case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), the
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reference can be withdrawn by the Court only “for good cause shown on its own motion,
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or under extraordinary circumstances shown by any party.” Dixon v. Ylst, 990 F.2d 478,
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480 (9th Cir. 1993); 28 U.S.C. § 636(c); Fed. R. Civ. P. 73(b).
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On February 3, 2012, this matter was referred to the Magistrate Judge pursuant to
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section 636(c). (ECF No. 96.) Plaintiff has not provided any information to suggest there
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may be good cause or extraordinary circumstances to justify the withdrawal of his consent

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and the referral of this case to a Magistrate Judge.
No grounds having been provided to justify withdrawal of consent to Magistrate

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judge jurisdiction, Plaintiff’s Motion is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

February 8, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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