Briones v. Frauenhein et al

Filing 41

ORDER Regarding Plaintiff's 40 Decline of Jurisdiction of US Magistrate Judge ; Case REMAINS assigned to the Magistrate Judge, signed by Magistrate Judge Dennis L. Beck on 08/24/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNNY G. BRIONES,

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Plaintiff,
v.
S. FLORES, et al.,

No. 1:14-cv-01479 DLB PC
ORDER REGARDING PLAINTIFF’S
DECLINE OF MAGISTRATE JUDGE
JURISDICTION
(Document 40)

Defendants.

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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Johnny G. Briones, a

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state prisoner proceeding pro se and in forma pauperis. Plaintiff consented to the jurisdiction of

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the United States Magistrate Judge on October 1, 2014, in accordance with 28 U.S.C. § 636(c)

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and Rule 73(b) of the Federal Rules of Civil Procedure.

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On August 11, 2016, the Court ordered Defendants to decline or consent to United States
Magistrate Judge jurisdiction. Defendants consented on August 22, 2016.

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On August 22, 2016, the Court received a decline of jurisdiction from Plaintiff.

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Once a civil case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), the reference

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can be withdrawn only “for good cause shown on its own motion, or under extraordinary

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

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(9th Cir. 1993) (stating that “[t]here is no absolute right, in a civil case, to withdraw consent to

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trial and other proceedings before a magistrate judge.”). A referral to a magistrate judge will not
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be vacated where a party has consented in a signed writing to Magistrate Judge jurisdiction, the

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party fails to make a motion to vacate the reference that is supported by a showing of

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extraordinary circumstances, and the Court does not sua sponte find good cause for withdrawal of

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consent. Id.

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Plaintiff has not made any such showing, and case SHALL remain assigned to the

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Magistrate Judge.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

August 24, 2016

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L. Beck

UNITED STATES MAGISTRATE JUDGE

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