Padron v. City of Parlier et al

Filing 22

ORDER Disregarding Plaintiff's Consent or Decline Form, signed by Magistrate Judge Stanley A. Boone on 12/14/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALFONSO PADRON,

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Plaintiff,

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Case No. 1:16-cv-00549-SAB
ORDER DISREGARDING PLAINTIFF’S
CONSENT OR DECLINE FORM

v.
(ECF No. 21)

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CITY OF PARLIER, et al.,

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Defendants.

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Plaintiff Alfonso Padron, proceeding pro se filed this civil rights complaint pursuant to 28

18 U.S.C. § 1983 on April 19, 2016. (ECF No. 1.) Along with his complaint, Plaintiff filed a form
19 consenting to the jurisdiction of a United States Magistrate Judge. (ECF No. 2.) On November
20 22, 2016, Defendant Lara filed a form consenting to the jurisdiction of the magistrate judge and
21 this action was reassigned to the undersigned. (ECF Nos. 18, 20.) On December 12, 2016,
22 Plaintiff filed a second consent or decline form in which he declined to consent to the jurisdiction
23 of a magistrate judge. (ECF No. 21.)
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Once a civil case is referred to a magistrate judge under 28 U.S.C. § 636(c), the reference

25 can be withdrawn only “for good cause shown on its own motion, or under extraordinary
26 circumstances shown by any party.” Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993). Plaintiff
27 has previously consented to proceed before a magistrate judge. There is no absolute right to
28 withdraw consent to trial and other proceedings before the magistrate judge. Dixon, 990 F.2d at

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1 480. The Court does not find good cause to have Plaintiff’s consent withdrawn. Therefore, the
2 undersigned may exercise jurisdiction to conduct all proceedings in this matter, including the
3 entry of judgment.
Accordingly, Plaintiff’s consent or decline form, filed December 12, 2016, is HEREBY

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5 DISREGARDED.
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IT IS SO ORDERED.

9 Dated:

December 14, 2016
UNITED STATES MAGISTRATE JUDGE

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