Thompson v. Mauck, et al

Filing 29

ORDER signed by Magistrate Judge Craig M. Kellison on 05/23/11 ordering the court grants plaintiff's request to rescind his consent and plaintiff's consent to the jurisdiction of the undersigned magistrate judge is deemed withdrawnl. The c lerk of the court shall randomly assign a District Judge to this case adn to update the docket to reflect the new case number. U.S. District Judge John A. Mendez randomly assigned to this action. The case number is 2:09-cv-3478 JAM 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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DeWAYNE THOMPSON,

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No. CIV S-09-3478-CMK-P

Plaintiff,
vs.

ORDER

CHRIS MAUCK, 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. Plaintiff previously consented to Magistrate Judge jurisdiction pursuant to

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28 U.S.C. § 636(c) (Doc. 6). Defendants have not filed a consent or request for reassignment as

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previously ordered. Plaintiff now seeks reconsideration of the undersigned’s order dismissing

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several of his claims and defendants from this action. Within his motion for reconsideration, it

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appears that plaintiff wishes to withdraw his consent.

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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 to update the docket to reflect the new case number.

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IT IS SO ORDERED.

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DATED: May 23, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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