Villescas v. Dotson et al

Filing 73

ORDER DENYING Plaintiff's Motion to Withdraw Consent to Magistrate Judge Jurisdiction and Motion for Reconsideration 69 , 70 , signed by Magistrate Judge Stanley A. Boone on 12/1/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERTO VILLESCAS,

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Plaintiff,
v.
M.T. DOTSON, et al.,

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Defendants.

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Case No.: 1:12-cv-02068-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO WITHDRAW CONSENT TO MAGISTRATE
JUDGE JURISDICTION AND MOTION FOR
RECONSIDERATION
[ECF Nos. 69, 70]

Plaintiff Alberto Villescas is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), the parties have consented to the

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jurisdiction of the United States Magistrate Judge. ECF No. 34; Local Rule 302.

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Now pending before the Court is Plaintiff’s motion to withdraw his consent to magistrate judge

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jurisdiction and Plaintiff’s motion for reconsideration, filed on November 23, 2015, respectively.

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(ECF Nos. 69, 70.)

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A.

Motion 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 reference can

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be withdrawn only “for good cause shown on its own motion, or under extraordinary circumstances

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shown by any party.” 28 U.S.C. § 636(c)(4); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (stating

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that “[t]here is no absolute right, in a civil case, to withdraw consent to trial and other proceedings

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before a magistrate judge.”). A referral to a magistrate judge will not be vacated where a party has
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consented in a signed writing to magistrate judge jurisdiction, the party fails to make a motion to

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vacate the reference that is supported by a showing of extraordinary circumstances, and the Court does

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not sua sponte find good cause for withdrawal of consent. Id.
Here, the Court finds that Plaintiff’s consent to the jurisdiction of a United States magistrate

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judge to conduct all further proceedings in the case supported by Plaintiff’s express consent is binding

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because there is a lack of good cause for withdrawal of consent.
In his motion to vacate the referral to the undersigned, Plaintiff submits that on October 28,

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2014, Plaintiff filed a motion for extension of time and did not get a response from the Court for

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several weeks. On November 22, 2014, Plaintiff sent a letter to the Clerk to inquire if it was filed,

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granted or denied, fearing if it was not granted he would miss the deadline. (ECF NO. 69, Motion at

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1.) On December 2, 2014, the Court granted Plaintiff’s motion for an extension of time. Plaintiff

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contends that he felt his “non-consent caused or made Plaintiff believe that his non-consent caused the

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delay of over a month to decide the October 28, 2014 motion, Plaintiff felt he had to consent in order

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to avoid missing a deadline if his motions are not decided before or in time.” (ECF No. 69, Motion at

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2.)

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This case has proceeded expeditiously and the Court has not prejudiced Plaintiff by the timing

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of ruling on any pending motions. A party’s disagreement with a reasonable court ruling constitutes

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neither good cause nor extraordinary circumstance for withdrawing consent to the jurisdiction of the

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magistrate judge. See Liteky v. United States, 510 U.S. 540, 555-556 (1994). Plaintiff has not

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presented evidence of “extraordinary circumstances,” and the Court does not find good cause to vacate

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the reference to a magistrate judge. To the extent Plaintiff contends that this Court has delayed in

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ruling on pending motions, Plaintiff is advised that pursuant to Local Rule 230(l), once a motion has

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been filed, the opposing party has twenty-one days to file an opposition and the moving party has

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seven days thereafter to file a reply. Local Rule 230(l). In certain circumstances, as was done in this

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case, the Court may elect to rule on a motion if an opposition is unnecessary, such as where good

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cause is indisputably presented to extend a pending deadline. Based on the record in this action,

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Plaintiff’s case has proceeded in an efficient manner. Furthermore, reassignment to a district judge

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does not remove the role of the magistrate judge in ruling on non-dispositive matters. Accordingly,

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Plaintiff’s motion to vacate the referral to the magistrate judge is DENIED.

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B.

Motion For Reconsideration

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In addition to seeking to withdraw his consent, Plaintiff requests reconsideration by a district

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judge of all prior rulings issued by the undersigned. Plaintiff seeks reconsideration of the prior ruling

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based on his argument that the undersigned is biased in the rulings.
Federal Rule of Civil Procedure 60(b) governs the reconsideration of final orders of the district

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court. The Rule permits a district court to relieve a party from a final order or judgment on grounds

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of:

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(1) mistake, inadvertence, surprise, or excusable neglect;

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(2) newly discovered evidence that, with reasonable diligence, could not have been discovered

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in time to move for a new trial under Rule 59(b);

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(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by

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an opposing party;

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(4) the judgment is void;

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(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment

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that has been reversed or vacated; or applying it prospectively is no longer equitable; or

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(6) any other reason that justifies relief.

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Fed. R. Civ. P. 60(b)(1)-(6).

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Motions to reconsider are committed to the discretion of the trial court. Combs v. Nick Garin

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Trucking, 825 F.2d 437, 441 (D.C.Cir. 1987); Rodgers v. Watt, 722 F.2d 456, 460 (9th Cir. 1983) (en

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banc). To succeed, a party must set forth facts or law of a strongly convincing nature to induce the

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court to reverse its prior decision. See, e.g., Kern-Tulare Water Dist. v. City of Bakersfield, 634

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F.Supp. 656, 665 (E.D.Cal. 1986), aff’d in part and rev’d in part on other grounds, 828 F.2d 514 (9th

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Cir. 1987).

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Although it is not clear what section under which Plaintiff is seeking reconsideration, to the

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extent he attempts to conjure Rule 60(b)(2), (3), (4), or (6), his motions are without merit. Plaintiff’s

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November 23, 2015 motion for reconsideration is based on his disagreement with the Court’s
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decisions and timing of rulings on non-dispositive matters. Plaintiff has not shown clear error or other

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meritorious grounds for relief, and has therefore not met his burden as the party moving for

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reconsideration. Marlyn Nutraceuticals, Inc., 571 F.3d 873, 880 (9th Cir. 2009). Plaintiff’s

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disagreement is not sufficient grounds for relief from the order. United States v. Westlands Water

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Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001).
The crux of Plaintiff’s arguments are centered on his disagreement with the undersigned’s

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rulings which cannot form the basis for bias or reconsideration of prior orders. Accordingly, Plaintiff

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has not shown a basis for relief under Rule 60(b), and Plaintiff’s motion for reconsideration is

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DENIED.

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IT IS SO ORDERED.

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Dated:

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December 1, 2015
UNITED STATES MAGISTRATE JUDGE

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