Sansone v. Thomas

Filing 7

ORDER DENYING 6 Plaintiff's Motion to Withdraw Consent to Jurisdiction of Magistrate Judge signed by Magistrate Judge Gary S. Austin on 1/9/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD SANSONE,

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Plaintiff,

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vs.

1:13-cv-01942-GSA-PC
ORDER DENYING MOTION TO
WITHDRAW CONSENT TO
JURISDICTION OF MAGISTRATE
JUDGE
(Doc. 6.)

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J. C. THOMAS,
Defendant.

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I.

RELEVANT PROCEDURAL HISTORY
Richard Sansone ("Plaintiff@) is a prisoner proceeding pro se and in forma pauperis in

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this civil rights action filed pursuant to 42 U.S.C. ' 1983.

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December 2, 2013. (Doc. 1.) On December 11, 2013, Plaintiff consented to the jurisdiction of

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a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(c), and no other parties have

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made an appearance. (Doc. 3.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of

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the Eastern District of California, the undersigned shall conduct any and all proceedings in the

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case until such time as reassignment to a District Judge is required. Local Rule Appendix

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A(k)(3). (Doc. 5.)

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Plaintiff filed this action on

On February 15, 2011, Plaintiff filed a motion to withdraw his consent to the
jurisdiction of a Magistrate Judge. (Doc. 6.)
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II.

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CONSENT TO JURISDICTION OF A MAGISTRATE JUDGE
A party to a federal civil case has, subject to some exceptions, a constitutional right to

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proceed before an Article III judge.

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Pacemaker Diagnostic Clinic of America, Inc. v. Instromedix, Inc., 725 F.2d 537, 541 (9th Cir.

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1984) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 100, 83 L.Ed.2d 45 (1984). This right

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can be waived, allowing parties to consent to trial before a magistrate judge. Dixon at 479-480;

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Pacemaker at 542; 28 U.S.C. ' 636(c)(1). Once a civil case is referred to a magistrate judge

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under section 636(c), the reference can be withdrawn only by the district court, and only Afor

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good cause shown on its own motion, or under extraordinary circumstances shown by any

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party.@ Dixon at 480 (quoting Fellman v. Fireman's Fund Ins. Co., 735 F.2d 55, 58 (2d

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Cir.1984)); 28 U.S.C. ' 636(c)(6); Fed. R. Civ. P. 73(b). There is no absolute right, in a civil

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case, to withdraw consent to trial and other proceedings before a magistrate judge. Dixon at

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480.

Dixon v. Ylst, 990 F.2d 478, 479 (9th Cir. 1993);

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Plaintiff states that he “would like to withdraw my consent [because] I don’t want a

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magistrate judge I want a Judge.” (Doc. 6.) Plaintiff is advised that withdrawal of his consent

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would not remove the assignment of a Magistrate Judge to his case. If all parties consent to

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Magistrate Judge jurisdiction, the case will be reassigned to the Magistrate Judge and the

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Magistrate Judge will decide all further matters. If the defendant declines Magistrate Judge

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jurisdiction, the District Judge will resolve all dispositive matters and conduct the trial, if there

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is one. However, a party=s decision to decline Magistrate Judge jurisdiction has no effect on the

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referral of a case to a Magistrate Judge, made pursuant to 28 U.S.C. § 636 and Local Rule 302,

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for non-dispositive matters and for the issuance of Findings and Recommendations on

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dispositive motions.

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Plaintiff has not shown good cause or presented evidence of extraordinary

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circumstances for the Court to allow Plaintiff to withdraw his consent to jurisdiction of the

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Magistrate Judge. Therefore, Plaintiff's motion shall be denied.

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III.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff=s motion to withdraw

his consent to the jurisdiction of a United States Magistrate Judge is DENIED.

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IT IS SO ORDERED.
Dated:

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January 9, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

6i0kij8d

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