Rood v. Swarthout

Filing 50

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 05/04/15 ordering that respondent shall file and serve within 7 days after the filing date of this order, a statement demonstrating extraordinary circumstances in support of vacating reference of the instant action to the undersigned magistrate judge for all purposes; alternatively, respondent may request withdrawal of the form filed 4/27/15. No response is required by petitioner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD VINCENT ROOD,

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Petitioner,

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No. 2:12-cv-01476 AC P

v.

ORDER TO SHOW CAUSE

GARY SWARTHOUT,

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Respondent.

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By order filed April 22, 2015, this court directed respondent to file a response to

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petitioner’s First Amended Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In

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light of respondent’s consent to the jurisdiction of the magistrate judge for all purposes, filed

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September 19, 2012, see ECF No. 13, the court’s recent order erred in directing the Clerk of

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Court to send respondent another copy of the form “Consent to Proceed Before a United States

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Magistrate Judge” pursuant to 28 U.S.C. § 636(c), and Local Rule 305(a). See ECF No. 46 at 3.

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Nevertheless, respondent returned the form, now declining jurisdiction of the magistrate judge for

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all purposes. See ECF No. 49.
Pursuant to 28 U.S.C. § 636(c), a party must demonstrate extraordinary circumstances in

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support of a request to vacate reference of a civil matter to a magistrate judge. See 28 U.S.C. §

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636(c)(4).

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Accordingly, IT IS HEREBY ORDERED that respondent shall file and serve, within

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seven days after the filing date of this order, a statement demonstrating extraordinary

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circumstances in support of vacating reference of the instant action to the undersigned magistrate

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judge for all purposes; alternatively, respondent may request withdrawal of the form filed April

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27, 2015. No response is required by petitioner.

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DATED: May 4, 2015

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