Sierra v. Spearman et al

Filing 10

ORDER GRANTING 9 Motion to Withdraw Consent to Magistrate Judge Jurisdiction signed by Magistrate Judge Erica P. Grosjean on 3/8/2018. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 FRANCISCO SIERRA, Plaintiff, 11 12 13 Case No. 1:17-cv-01691-EPG (PC) GRANTING MOTION TO WITHDRAW CONSENT TO MAGISTRATE JUDGE JURISDICTION v. M.E. SPEARMAN, et al., (ECF No. 9) 14 Defendants. 15 16 Francisco Sierra (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 17 in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by the 18 filing of a complaint on December 15, 2017. (ECF No. 1). On January 18, 2018, Plaintiff filed a 19 form consenting to have a United States Magistrate Judge conduct all further proceedings in this 20 case. (ECF No. 8). Plaintiff now seeks to withdraw his consent to the jurisdiction of the United 21 States Magistrate Judge. (ECF No. 9). 22 A party to a federal civil case generally has a constitutional right to proceed before an 23 Article III judge, but this right may be waived, allowing parties to consent to a Magistrate Judge 24 for all further proceedings pursuant to 28 U.S.C. § 636(c)(1). Dixon v. YIst, 990 F.2d 478, 479-80 25 (9th Cir. 1993). However, “[t]here is no absolute right, in a civil case, to withdraw consent to trial 26 and other proceedings before a magistrate judge.” Id. at 480. “Once a civil case is referred to a 27 magistrate judge under 28 U.S.C. § 636(c), the reference can be withdrawn only ‘for good cause 28 1 1 shown on its own motion, or under extraordinary circumstances shown by any party.’” Dixon, 2 990 F.2d at 480; 28 U.S.C. § 636(c)(4). 3 Plaintiff explains that he seeks to withdraw consent because his consent was filed in error. 4 Plaintiff’s explanation does not present an “extraordinary circumstance” that would warrant 5 withdrawal of consent. Nevertheless, the Court finds good cause to allow Plaintiff to withdraw his 6 consent as it was filed in error. Accordingly, Plaintiff’s motion is granted. 7 8 The Clerk of the Court is directed to strike Plaintiff’s Consent to Jurisdiction of US Magistrate Judge, (ECF No. 8), filed on January 18, 2018. 9 10 11 IT IS SO ORDERED. Dated: March 8, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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