Mazzei v. Davis

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/2014 GRANTING petitioner's 6 motion; petitioner's consent to the jurisdiction of the magistrate judge is deemed WITHDRAWN; and the Clerk shall assign a district jduge to this case. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL MAZZEI,

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No. 2:14-cv-1720 KJN P
Petitioner,

v.

ORDER

RON DAVIS, WARDEN,

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Respondent.

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Petitioner is a state prisoner proceeding without counsel. On August 8, 2014, petitioner

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filed a motion to rescind his consent to the jurisdiction of the undersigned. Petitioner claims that

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he rushed to submit the court’s form, signed July 29, 2014, and made a mistake by consenting to

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the undersigned.

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Since this action has not yet been reassigned to the undersigned, petitioner may withdraw

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his consent without demonstrating good cause or extraordinary circumstances. See 28 U.S.C.

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§ 636(c); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (“Once a civil case is referred to a

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magistrate judge under section 636(c), the reference can be withdrawn by the court only ‘for good

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cause shown on its own motion, or under extraordinary circumstances show by any party.’”).

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Accordingly, in the interests of justice, the court grants petitioner's request to rescind his

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consent, and his consent to the jurisdiction of the magistrate judge is deemed withdrawn. See

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Bowman v. Schwarzenegger, 2009 WL 799274, *1 (E.D. Cal. March 23, 2009).
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IT IS HEREBY ORDERED that:

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1. Petitioner’s motion (ECF No. 6) is granted;

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2. Petitioner’s consent to the jurisdiction of the magistrate judge is deemed withdrawn;

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and
3. The Clerk of the Court is directed to assign a district judge to this case.
Dated: September 9, 2014

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/mazz1720.wd

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