Cruz v. Ho et al

Filing 15

ORDER DENYING PLAINTIFF'S REQUEST TO WITHDRAW CONSENT TO JURISDICTION OF MAGISTRATE JUDGE re 14 signed by Magistrate Judge Gary S. Austin on 5/1/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT CRUZ,

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Plaintiff,

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vs.

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1:15-cv-00192-GSA-PC
ORDER DENYING PLAINTIFF’S
REQUEST TO WITHDRAW
CONSENT TO JURISDICTION OF
MAGISTRATE JUDGE

DR. HO, et al.,

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Defendants.

(Doc. 14.)

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I.

RELEVANT PROCEDURAL HISTORY

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Albert Cruz ("Plaintiff”) is a jail inmate proceeding pro se and in forma pauperis in

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this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February

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5, 2015. (Doc. 1.) This case now proceeds with Plaintiff’s original Complaint on Plaintiff’s

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medical claim against sole defendant Dr. Ho. (Id.)

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On February 12, 2015, Plaintiff consented to the jurisdiction of a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Doc. 4.) On April 21, 2015, defendant Ho

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also consented to the jurisdiction of a United States Magistrate Judge. (Doc. 13.) Because all

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of the parties to this action have consented to Magistrate Judge jurisdiction pursuant to 28

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U.S.C. ' 636(c), this case is now referred to the undersigned who shall conduct any and all

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proceedings in the case, including trial and entry of final judgment.
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On April 29, 2015, Plaintiff filed a form declining the jurisdiction of a United States

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Magistrate Judge, which the Court construes as a request to withdraw Plaintiff’s consent. (Doc.

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14.)

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II.

CONSENT TO JURISDICTION OF A MAGISTRATE JUDGE

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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 “for

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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 has not shown good cause or presented evidence of extraordinary

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circumstances for the Court to allow him to withdraw his consent to jurisdiction of a Magistrate

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Judge. Therefore, Plaintiff's request shall be denied.

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III.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request to withdraw

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

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IT IS SO ORDERED.
Dated:

May 1, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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