Martinez v. Hoover, et al

Filing 51

ORDER signed by Magistrate Judge Craig M. Kellison on 05/12/11 granting 42 Motion to rescind his consent. Plaintiff's consent to the jurisdiction of the undersigned magistrate judge is deemed withdrawn. The clerk of the court shall randomly assign a district judge to this case and update the docket to reflect the new case number. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. The case number is 2:09-cv-0680 KJM CMK (PC). (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARCHIE A. MARTINEZ, 12 13 14 15 16 17 No. CIV S-09-0680-CMK-P Plaintiff, vs. ORDER G. HOOVER, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. On March 23, 2009, plaintiff’s consent to Magistrate Judge jurisdiction 19 pursuant to 28 U.S.C. § 636(c) was filed with the court. Defendants have not filed a consent or 20 request for reassignment as previously ordered. Plaintiff now seeks to withdraw that consent 21 (Doc. 42) in order to challenge the undersigned’s decision not to refer this case for voluntary 22 assistance of counsel, either through the civil rights clinic or direct appointment of counsel. 23 As consent has not been received from all parties to this action, and the matter is 24 therefore not before the undersigned as the presiding judge for all purposes, plaintiff may 25 withdraw his consent without demonstrating good cause or extraordinary circumstances. See 28 26 U.S.C. § 636(c); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993). 1 1 Accordingly, in the interest of justice, the court grants plaintiff’s request to 2 rescind his consent, and plaintiff’s consent to the jurisdiction of the undersigned magistrate judge 3 is deemed withdrawn. The Clerk of the Court shall randomly assign a District Judge to this case 4 and update the docket to reflect the new case number. 5 IT IS SO ORDERED. 6 7 8 9 DATED: May 12, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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