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 Plaintiff's consent to the jurisdiction of the undersigned magistrate judge is deemed withdrawn.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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARCHIE A. MARTINEZ,

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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

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to 42 U.S.C. § 1983. On March 23, 2009, plaintiff’s consent to Magistrate Judge jurisdiction

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pursuant to 28 U.S.C. § 636(c) was filed with the court. Defendants have not filed a consent or

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request for reassignment as previously ordered. Plaintiff now seeks to withdraw that consent

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(Doc. 42) in order to challenge the undersigned’s decision not to refer this case for voluntary

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assistance of counsel, either through the civil rights clinic or direct appointment of counsel.

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As consent has not been received from all parties to this action, and the matter is

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therefore not before the undersigned as the presiding judge for all purposes, plaintiff may

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withdraw his consent without demonstrating good cause or extraordinary circumstances. See 28

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U.S.C. § 636(c); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993).
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Accordingly, in the interest of justice, the court grants plaintiff’s request to

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rescind his consent, and plaintiff’s consent to the jurisdiction of the undersigned magistrate judge

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is deemed withdrawn. The Clerk of the Court shall randomly assign a District Judge to this case

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and update the docket to reflect the new case number.

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IT IS SO ORDERED.

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DATED: May 12, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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