Mitchell v. Felker et al
ORDER signed by District Judge Troy L. Nunley on 8/2/13 GRANTING 182 Motion; the court retains all matters asociated with this case going forward. Any pending motions before the magistrate judge are hereby vacated. (Manzer, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ROBERT MITCHELL, et. al,
TOM FELKER, et al.,
This matter is before the Court pursuant to Robert Mitchell’s (“Plaintiff”) Request
under Local Rule 302(d) to have Plaintiff’s Motion for Class Certification and Motion for
Preliminary Injunction Heard by the District Court (ECF No. 182). Defendants have responded
to Plaintiff’s motion and oppose granting Plaintiff’s request. (ECF No. 186.) The Court has
carefully considered the arguments presented by the parties. For the reasons stated below, the
Court hereby GRANTS Plaintiff’s motion. Additionally, in the interest of judicial economy, this
Court will exercise its power to retain all matters involving this case pursuant to Local Rule
302(d). See E.D. CAL. L. R. 302(d).
Plaintiff is a state prisoner and has brought a civil rights action pursuant to 42
U.S.C. § 1983. Plaintiff is challenging the state-wide practice in California prisons of imposing
race-based inmate lockdowns. Plaintiff alleges that under the Defendants’ official lockdown
policy, California prisons regularly impose lockdowns that segregate and punish entire racial
groups for the actions of just some of their members.
Pursuant to Eastern District of California Local Rule 302(c)(17), this case is
before Magistrate Judge Brennan. See 28 U.S.C. § 636(b)(1). Plaintiff has moved for class
certification (ECF No. 155) and a preliminary injunction (ECF No. 156) and further requested
that these motions be decided by the District Court under Local Rule 302(d) (ECF No. 186).
Defendants subsequently moved for summary judgment (ECF No. 253).
Pursuant to 28 U.S.C. § 636(b)(1)(A) a judge may not designate a magistrate judge
to hear and determine
a motion for injunctive relief, for judgment on the pleadings, for
summary judgment, to dismiss or quash an indictment or
information made by the defendant, to suppress evidence in a
criminal case, to dismiss or to permit maintenance of a class action,
to dismiss for failure to state a claim upon which relief can be
granted, and to involuntarily dismiss an action.
Although § 636(b)(1)(B) does allow a judge to “designate a magistrate judge to submit to a judge
of the court proposed findings of fact and recommendations for the disposition, by a judge of the
court, of any motion excepted in subparagraph (A),” the district court must conduct a de novo
review of any objections to the magistrate judge’s proposed findings or recommendations. See 28
U.S.C. § 636(b)(1)(C).
The litigation history of this case is riddled with objections to the magistrate
judge’s findings as well as numerous motions for reconsideration. Therefore, because Plaintiff’s
class certification and preliminary injunction motion, as well as Defendants’ summary judgment
motion, are likely to require de novo review, this Court finds that judicial economy would be best
served by this Court retaining all future motions associated with this case. As such, this Court
hereby GRANTS Plaintiff’s motion (ECF No. 182) and thus retains all matters associated with
this case going forward. Any pending hearings before the magistrate judge are hereby vacated.
IT IS SO ORDERED.
August 2, 2013
Troy L. Nunley
United States District Judge
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