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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO SIERRA,
Plaintiff,

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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)
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Defendants.

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Francisco Sierra (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by the

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filing of a complaint on December 15, 2017. (ECF No. 1). On January 18, 2018, Plaintiff filed a

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form consenting to have a United States Magistrate Judge conduct all further proceedings in this

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case. (ECF No. 8). Plaintiff now seeks to withdraw his consent to the jurisdiction of the United

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States Magistrate Judge. (ECF No. 9).

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A party to a federal civil case generally has a constitutional right to proceed before an

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Article III judge, but this right may be waived, allowing parties to consent to a Magistrate Judge

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for all further proceedings pursuant to 28 U.S.C. § 636(c)(1). Dixon v. YIst, 990 F.2d 478, 479-80

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(9th Cir. 1993). However, “[t]here is no absolute right, in a civil case, to withdraw consent to trial

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and other proceedings before a magistrate judge.” Id. at 480. “Once a civil case is referred to a

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magistrate judge under 28 U.S.C. § 636(c), the reference can be withdrawn only ‘for good cause

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shown on its own motion, or under extraordinary circumstances shown by any party.’” Dixon,

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990 F.2d at 480; 28 U.S.C. § 636(c)(4).

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Plaintiff explains that he seeks to withdraw consent because his consent was filed in error.

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Plaintiff’s explanation does not present an “extraordinary circumstance” that would warrant

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withdrawal of consent. Nevertheless, the Court finds good cause to allow Plaintiff to withdraw his

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consent as it was filed in error. Accordingly, Plaintiff’s motion is granted.

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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.

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IT IS SO ORDERED.
Dated:

March 8, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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