Davis v. People of State of CA et al

Filing 16

ORDER signed by Magistrate Judge Craig M. Kellison on 06/08/12 ordering petitioner's motion for an extension of time 15 is granted. Petitioner may file an opposition to respondents' motion to dismiss within 30 days of the date of this order. Petitioner's motion to withdraw consent to Magistrate Judge jurisdiction 14 is denied. (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 SHAWN TYRONE DAVIS, 12 13 14 No. CIV S-12-0181-CMK-P Petitioner, vs. ORDER PEOPLE OF THE STATE OF CALIFORNIA, et al., 15 Respondents. 16 / 17 18 19 20 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s motion for an extension of time (Doc. 15) 21 to file a response to the motion to dismiss filed by respondent(s). Good cause appearing therefor, 22 the request is granted. Petitioner may file a response within 30 days of the date of this order. 23 Also before the court is petitioner’s motion to withdraw his consent to Magistrate 24 Judge jurisdiction (Doc. 14). Once a case has been referred to a Magistrate Judge pursuant to the 25 consent of the parties, as is the situation in this case, the reference may only be withdrawn by the 26 court on its own motion for good cause shown, or under extraordinary circumstances 1 1 demonstrated by any party. See Dixon v. Ylst, 990 F.2d 478 (9th Cir. 1993). In this case, the 2 court does not find good cause to withdraw the reference to the Magistrate Judge, and petitioner 3 has not demonstrated extraordinary circumstances. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Petitioner’s motion for an extension of time (Doc. 15) is granted; 6 2. Petitioner may file an opposition to respondents’ motion to dismiss within 7 8 9 30 days of the date of this order; and 3. Petitioner’s motion to withdraw consent to Magistrate Judge jurisdiction (Doc. 14) is denied. 10 11 12 13 DATED: June 8, 2012 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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