Chavez v. Kings County et al

Filing 65

ORDER on Defendant's 63 Notice Declining Magistrate Judge Jurisdiction signed by Magistrate Judge Sheila K. Oberto on 1/9/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN CHAVEZ,

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Plaintiff,

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Case No. 1:13-cv-00342-SKO (PC)

v.
KINGS COUNTY, et al.,

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ORDER ON DEFENDANT’S NOTICE
DECLINING MAGISTRATE JUDGE
JURISDICTION
(Doc. 63)

Defendants.

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Plaintiff, Juan Chavez, a state prisoner proceeding in forma pauperis, filed this civil rights

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action pursuant to 42 U.S.C. § 1983 on March 16, 2010. This action for damages is proceeding

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on Plaintiff’s complaint against Defendant Castro for excessive force in violation of the Eighth

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Amendment for an incident that occurred during the quelling of a prison riot on March 27, 2012.

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Both parties consented to jurisdiction of a United States Magistrate Judge. (Docs. 19, 25.) This

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action is currently scheduled for trial before the undersigned on July 9, 2017. (Doc. 62.) On

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January 4, 2017, Defendant filed a form indicating that he now declines jurisdiction of United

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States Magistrate Judge which is construed as a motion to revoke his consent to Magistrate Judge

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jurisdiction. (Doc. 63.)

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Once a civil case is referred to a Magistrate Judge under 28 U.S.C. ' 636(c), it can be

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withdrawn only Afor good cause shown on its own motion, or under extraordinary circumstances

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shown by any party.@ Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993). Defendant has made no

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such showing. His motion is, therefore, denied.

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Accordingly, it is HEREBY ORDERED that Defendant’s motion regarding jurisdiction of
United States Magistrate Judge, filed on January 4, 2017, is hereby DENIED.

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IT IS SO ORDERED.
Dated:

January 9, 2017

/s/

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Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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