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)
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consent of the parties, as is the situation in this case, the reference may only be withdrawn by the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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?