Torres v. DHS/ICE, et al.

Filing 20

ORDER DENYING 19 Motion to Withdraw Consent, signed by Magistrate Judge Stanley A. Boone on 03/15/2016. (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOHNNY MIKE TORRES,

Case No. 1:15-cv-01841-SAB-HC

Petitioner,

12
13

v.

14

ORDER DENYING MOTION TO
WITHDRAW CONSENT TO
JURISDICTION OF UNITED STATES
MAGISTRATE JUDGE

DHS/ICE, et al.,
(ECF No. 19)

15

Respondents.

16
17

Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28

18 U.S.C. § 2241. Both Petitioner and Respondents previously consented to disposition of this case
19 by a United States magistrate judge. (ECF Nos. 12, 13). Petitioner now moves to withdraw his
20 consent to magistrate judge jurisdiction. (ECF No. 19).
21

Once the parties have consented to magistrate judge jurisdiction in a civil case under 28

22 U.S.C. § 636(c)(1), the reference to the magistrate judge can be withdrawn by the Court only
23 “for good cause shown on its own motion, or under extraordinary circumstances shown by any
24 party.” 28 U.S.C. § 636(c)(4) (emphasis added); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993)
25 (“There is no absolute right, in a civil case, to withdraw consent to trial and other proceedings
26 before a magistrate judge.”). In the instant motion, Petitioner acknowledges that he “had
27 previously consented to disposition of this case by a United States Magistrate Judge.” (ECF No.
28 19 at 1). However, “upon greater consideration of the magnitude of this case, and in the interest
1

1 of justice,” Petitioner “has now decided to withdraw his consent.” (Id.). Petitioner has failed to
2 make a showing of “extraordinary circumstances” to justify withdrawal of his voluntary consent,
3 and the Court does not sua sponte find “good cause” to vacate the reference.
Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to withdraw consent is

4

5 DENIED.
6
7

IT IS SO ORDERED.

8 Dated:

March 15, 2016
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2