Bird v. Zuniga et al

Filing 14

ORDER denying 10 Request to withdraw Consent to Magistrate Judge Jurisdiction signed by Magistrate Judge Michael J. Seng on 5/17/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO. 1:15-cv-00910--MJS (PC)

MICHAEL BIRD,
Plaintiff,
v.
A. ZUNIGA, et al.,

ORDER DENYING REQUEST TO
WITHDRAW CONSENT TO MAGISTRATE
JUDGE JURISDICTION
(ECF No. 10)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds against

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Defendant Musleh on Plaintiff’s Eighth Amendment failure to protect claim. Service on

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Defendant Musleh is pending.

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On July 6, 2015, Plaintiff consented to have a United States Magistrate Judge

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conduct all further proceedings in this case, including trial and entry of final judgment,

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pursuant to 28 U.S.C. § 636(c)(1). (ECF No. 6.) Defendant has yet to appear in the

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action. Before the Court is Plaintiff’s May 13, 2016 request to withdraw his consent to

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Magistrate Judge jurisdictioin.

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“A party to a federal civil case has, subject to some exceptions, a constitutional

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right to proceed before an Article III judge.” Dixon v. Ylst, 990 F.2d 478, 479 (9th Cir.

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2003). This right can be waived, allowing parties to consent to have any and all further

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proceedings conducted before a Magistrate Judge. Id. at 479-80. There is no absolute

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right to withdraw consent to proceeding before a Magistrate Judge. Id. at 480. Instead, a

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motion to withdraw consent may be granted only for good cause or a showing of

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extraordinary circumstances. Id.; see also 28 U.S.C. § 636(c)(4).

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Here, Plaintiff provides no basis for seeking to withdraw his consent. Accordingly,
his request is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

May 17, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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