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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD DAVID JONES, JR.,
Plaintiff,
v.
SCHWARZENEGGER, et al.,

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Defendants.

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Case No.: 1:16-cv-00469-DAD-BAM PC
ORDER DENYING PLAINTIFF’S MOTION TO
DECLINE CONSENT TO MAGISTRATE JUDGE
JURISDICTION
(ECF No. 19)

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Plaintiff Edward David Jones, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 15, 2016, the Court

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dismissed Plaintiff’s complaint with leave to amend. Plaintiff filed a first amended complaint on July

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13, 2016.

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On August 24, 2016, Plaintiff filed his consent to the jurisdiction of a United States Magistrate
Judge. (ECF No. 17).

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On October 11, 2016, Plaintiff filed the instant motion seeking to withdraw his consent to

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Magistrate Judge jurisdiction. Although not entirely clear, it appears that Plaintiff is attempting to

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withdraw his consent due to his disagreement with the Magistrate Judge’s orders, including the

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screening order dismissing his complaint with leave to amend. Plaintiff now requests that this action

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be assigned to a district judge.

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withdraw his consent shall be denied.

(ECF No. 19). For the reasons that follow, Plaintiff’s motion to

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First, it is important to note that the instant case is currently assigned to District Judge Dale A.

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Drozd, and has not been assigned to a United States Magistrate Judge for all purposes within the

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meaning of 28 U.S.C. § 636(c). Therefore, any attempt by Plaintiff to withdraw his consent at this

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stage of the proceedings is unnecessary.

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Second, even if the matter had been referred to a Magistrate Judge for all purposes, Plaintiff

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would not be able to demonstrate extraordinary circumstances meriting withdrawal of his consent.

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Once a civil case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), “[t]he court may, for

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good cause shown on its own motion, or under extraordinary circumstances shown by any party,

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vacate a reference . . . .” 28 U.S.C. § 636(c)(4); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (no

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absolute right in civil case to withdraw consent to magistrate judge). Following written consent, the

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reference to a Magistrate Judge will not be vacated where the party fails to demonstrate extraordinary

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circumstances and the court does not sua sponte find good cause for withdrawal of consent. Id.

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Plaintiff’s disagreement with the Court’s orders would provide no basis for the withdrawal of

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his earlier consent. Such a disagreement does not equate with extraordinary circumstances and the

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Court finds no good cause for withdrawal of consent. Dixon, 990 F.2d at 480.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to withdraw his consent to the
Magistrate Judge is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 17, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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