Ruchell Cinque Magee v. Grannis et al

Filing 27

ORDER DENYING 19 Motion to Withdraw Consent; ORDER STRIKING Duplicative 24 Motion; ORDER STAYING Action 21 signed by Magistrate Judge Sandra M. Snyder on 11/10/2009. This Action is STAYED Pending Resolution of Plaintiff's Appeal. (Bradley, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 ORDER STAYING ACTION 15 (Doc. 21) 16 17 Plaintiff Ruchell Cinque Magee is a state prisoner proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. On October 27, 2009, Plaintiff filed a motion seeking to withdraw 19 his consent to United States Magistrate Judge jurisdiction. Plaintiff filed a second, duplicative 20 motion on November 3, 2009, which shall be stricken from the record. 21 Plaintiff consented to United States Magistrate Judge jurisdiction on August 31, 2009, and 22 this action is assigned to the undersigned pursuant to Appendix A(k)(4) of the Local Rules of the 23 Eastern District of California. Plaintiff's disagreement with the Court's rulings provides no basis 24 for the withdrawal of his earlier consent, and this case will remain assigned to the undersigned. 25 Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993). Further, Plaintiff's allegations of bias are 26 unfounded and without merit. E.g., Pesnell v. Arsenault, 543 F.3d 1038, 1043-44 (9th Cir. 2008); 27 Hasbrouck v. Texaco, Inc., 842 F.2d 1034, 1045 (9th Cir. 1988). 28 1 / v. (Doc. 19) N. GRANNIS, et al., ORDER STRIKING DUPLICATIVE MOTION Defendants. (Doc. 24) RUCHELL CINQUE MAGEE, Plaintiff, CASE NO. 1:09-cv-01076-SMS PC ORDER DENYING MOTION TO WITHDRAW CONSENT

UNITED STATES DISTRICT COURT

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On October 30, 2009, Plaintiff filed a notice of appeal of the Court's order denying him leave to proceed in forma pauperis in this action. This action shall be stayed pending resolution of Plaintiff's appeal. Accordingly, it is HEREBY ORDERED that 1. Plaintiff's motion to withdraw consent, filed October 27, 2009, is DENIED, with prejudice; 2. Plaintiff's duplicative motion, filed November 3, 2009, is STRICKEN from the record; and 3. This action is stayed pending resolution of Plaintiff's appeal.

IT IS SO ORDERED. Dated: icido3 November 10, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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