Butler v. Moon et al

Filing 33

ORDER Denying Motion to Withdraw Consent signed by Magistrate Judge Michael J. Seng on 07/05/2012. (Flores, E)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MAURICE F. BUTLER,

1:09-cv-02074-MJS-PC

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Plaintiff,
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ORDER DENYING MOTION TO WITHDRAW
CONSENT

v.
JONG YEOUNG MOON, et al.

(ECF No. 30)

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Defendants.
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/
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Plaintiff Maurice F. Butler (“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 December 22,

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2009, Plaintiff consented in writing to Magistrate Judge jurisdiction. (ECF No. 9.) On June

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15, 2012, Plaintiff filed a notice with the Court, indicating that he wanted to decline his

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consent to Magistrate Judge jurisdiction. (ECF No. 30.) The Court will construe this as a

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motion seeking to 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reference can be withdrawn only “for good cause shown on its own motion, or under

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extraordinary circumstances shown by any party.” Dixon v. Ylst, 990 F.2d 478, 480 (9th

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Cir. 1993); 28 U.S.C. § 636(c); Fed. R. Civ. P. 73(b).

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Plaintiff has failed to demonstrate good cause or extraordinary circumstances.

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Plaintiff has only filed a form indicating that he wishes to decline his consent to jurisdiction

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by a Magistrate Judge. Plaintiff does not provide any information as to why there is good
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cause or extraordinary circumstances that would justify the withdrawal of his consent and

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the referral of this case to a Magistrate Judge.
For the reasons set forth herein, Plaintiff’s Motion is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

July 5, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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