Jones v. Schwartznegger et al

Filing 21

ORDER Denying 19 Plaintiff's Motion to Decline to Consent to Magistrate Judge Jurisdiction, signed by Magistrate Judge Barbara A. McAuliffe on 10/17/16. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 ) ) ) ) ) ) ) ) ) ) EDWARD DAVID JONES, JR., Plaintiff, v. SCHWARZENEGGER, et al., 15 Defendants. 16 Case No.: 1:16-cv-00469-DAD-BAM PC ORDER DENYING PLAINTIFF’S MOTION TO DECLINE CONSENT TO MAGISTRATE JUDGE JURISDICTION (ECF No. 19) 17 Plaintiff Edward David Jones, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 15, 2016, the Court 19 dismissed Plaintiff’s complaint with leave to amend. Plaintiff filed a first amended complaint on July 20 13, 2016. 21 22 On August 24, 2016, Plaintiff filed his consent to the jurisdiction of a United States Magistrate Judge. (ECF No. 17). 23 On October 11, 2016, Plaintiff filed the instant motion seeking to withdraw his consent to 24 Magistrate Judge jurisdiction. Although not entirely clear, it appears that Plaintiff is attempting to 25 withdraw his consent due to his disagreement with the Magistrate Judge’s orders, including the 26 screening order dismissing his complaint with leave to amend. Plaintiff now requests that this action 27 be assigned to a district judge. 28 withdraw his consent shall be denied. (ECF No. 19). For the reasons that follow, Plaintiff’s motion to 1 1 First, it is important to note that the instant case is currently assigned to District Judge Dale A. 2 Drozd, and has not been assigned to a United States Magistrate Judge for all purposes within the 3 meaning of 28 U.S.C. § 636(c). Therefore, any attempt by Plaintiff to withdraw his consent at this 4 stage of the proceedings is unnecessary. 5 Second, even if the matter had been referred to a Magistrate Judge for all purposes, Plaintiff 6 would not be able to demonstrate extraordinary circumstances meriting withdrawal of his consent. 7 Once a civil case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), “[t]he court may, for 8 good cause shown on its own motion, or under extraordinary circumstances shown by any party, 9 vacate a reference . . . .” 28 U.S.C. § 636(c)(4); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (no 10 absolute right in civil case to withdraw consent to magistrate judge). Following written consent, the 11 reference to a Magistrate Judge will not be vacated where the party fails to demonstrate extraordinary 12 circumstances and the court does not sua sponte find good cause for withdrawal of consent. Id. 13 Plaintiff’s disagreement with the Court’s orders would provide no basis for the withdrawal of 14 his earlier consent. Such a disagreement does not equate with extraordinary circumstances and the 15 Court finds no good cause for withdrawal of consent. Dixon, 990 F.2d at 480. 16 17 Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to withdraw his consent to the Magistrate Judge is DENIED. 18 19 20 21 IT IS SO ORDERED. Dated: /s/ Barbara October 17, 2016 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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