Howard v. People of the State of California

Filing 11

Order by Magistrate Judge Nandor J. Vadas denying 9 Motion to Withdraw Consent. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 12/16/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISON 7 8 DANIEL LLOYD HOWARD, Case No. 16-cv-4759-NJV (PR) Petitioner, 9 ORDER DENYING MOTION TO WITHDRAW CONSENT v. 10 United States District Court Northern District of California 11 12 PEOPLE OF THE STATE OF CALIFORNIA, Dkt. No. 9 Respondent. 13 14 Petitioner, a California prisoner, filed a pro se motion for a stay with respect to a writ of 15 habeas corpus pursuant to 28 U.S.C. § 2254. Docket No. 1. Petitioner consented to the 16 jurisdiction of a Magistrate Judge. Docket No. 5. The court dismissed the motion to stay without 17 prejudice to allow petitioner to present additional arguments. The court informed petitioner that 18 he must file an underlying federal habeas petition setting forth any exhausted claims he wishes to 19 present and the unexhausted claims that he seeks to exhaust. 20 Petitioner has not submitted any additional filings but has filed a motion to withdraw his 21 consent to a Magistrate Judge. There is no absolute right in a civil case to withdraw consent to 22 trial and other proceedings before a magistrate judge. See Dixon v. Ylst, 990 F.2d 478, 480 (9th 23 Cir. 1993). Once a civil case is referred to a magistrate judge under § 636(c)), the reference can be 24 withdrawn by the court only for good cause shown on its own motion, or under extraordinary 25 circumstances shown by any party. See id. (citing 28 U.S.C. § 636(c)(6)). Petitioner has not 26 shown good cause or extraordinary circumstances. He only argues that he needs additional time to 27 prepare his filings. 28 Petitioner’s motion to withdraw consent (Docket No. 9) is DENIED, and he will be 1 provided an extension of time. The additional filings must be filed within fifty-six (56) days of 2 the date this order is filed. Failure to amend within the designated time will result in the dismissal 3 of this action. 4 5 IT IS SO ORDERED. Dated: December 16, 2016 ________________________ NANDOR J. VADAS United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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