Godwin v. Christianson et al
ORDER DENYING 15 Motion for Reconsideration by a District Court Judge of the Magistrate Judge's Order Dismissing this case, signed by Magistrate Judge Gary S. Austin on 6/18/14. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MARK A. GODWIN,
ORDER DENYING MOTION FOR
RECONSIDERATION BY A DISTRICT
ADAM CHRISTIANSON, et al.,
Mark A. Godwin (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. ' 1983.
commencing this case on June 21, 2013. (Doc. 1.)
Plaintiff filed the Complaint
On July 5, 2013, Plaintiff consented to Magistrate Judge jurisdiction in this action
pursuant to 28 U.S.C. ' 636(c), authorizing the Magistrate Judge to conduct any and all
proceedings in the case, including trial and entry of final judgment, and no other parties have
appeared. (Doc. 5.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern
District of California, the undersigned Magistrate Judge is authorized to conduct any and all
proceedings in the case until such time as reassignment to a District Judge may be required.
Local Rule Appendix A(k)(3).
On May 16, 2014, the undersigned issued an order dismissing this case, with prejudice,
for failure to state a claim, and judgment was entered. (Docs. 10, 11.) On June 16, 2014,
Plaintiff filed a motion requesting reconsideration of the order by a District Court Judge. (Doc.
MOTION FOR RECONSIDERATION BY A DISTRICT COURT JUDGE
Plaintiff requests reconsideration by a District Court Judge of the Magistrate Judge's
order dismissing this case. Plaintiff is not entitled to review by a District Court Judge, because
he consented to the jurisdiction of a Magistrate Judge. AIf the statutory requirements [of 28
U.S.C. ' 636(c)] are met, the final judgment entered by a magistrate is directly appealable to
the court of appeals without intervening review by a district judge.@ Alaniz v. California
Processors, Inc., 690 F.2d 717 (9th Cir. 1982). Plaintiff was informed on the consent form he
signed on July 2, 2013 that "[i]f the parties do consent, a Magistrate Judge may conduct all
proceedings and enter judgment in the case subject to direct appellate review by the Ninth
Circuit Court of Appeals.@ (Doc. 5.) (emphasis added) Therefore, Plaintiff may not appeal the
Magistrate Judge=s order to a District Court Judge, and Plaintiff’s motion for reconsideration
shall be denied.
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motion for
reconsideration by a District Court Judge of the Magistrate Judge's order dismissing this case is
IT IS SO ORDERED.
June 18, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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