The Eidex Family Partnership, L.P. v. Justice

Filing 14

ORDER DENYING DEFENDANT'S MOTION FOR REASSIGNMENT; CERTIFICATE OF SERVICE. Signed by Judge Jeffrey S. White (Duty Judge) on 10/3/08. (jjo, COURT STAFF) (Filed on 10/3/2008)

1 2 3 4 5 6 7 8 9 10 v. CARLVIN JUSTICE, Defendant. ___________________________________/ EIDEX FAMILY PARTNERSHIP, L.P., Plaintiff, ORDER DENYING DEFENDANT'S MOTION FOR REASSIGNMENT No. C 08-1173 EMC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Defendant Carlvin Justice has filed a motion seeking reassignment of this case from Judge Chen to another judge. The Court interprets his motion as a motion made pursuant to 28 U.S.C. § 636(c)(4), which provides that a "court may, for good cause shown on its own motion, or under extraordinary circumstances shown by any party, vacate a reference of a civil matter to a magistrate judge under this subsection." 28 U.S.C. § 636(c)(4). Having reviewed Mr. Justice's filings and all other evidence of record, the Court hereby DENIES the request for reassignment. Mr. Justice has failed to show extraordinary circumstances justifying vacation of the reference to Judge Chen. There is no evidence that Mr. Justice's consent to Judge Chen's jurisdiction was made unknowingly or involuntarily. There is no evidence of, e.g., any impropriety by Judge Chen; nor is there any evidence that Judge Chen has a personal bias or prejudice against Mr. Justice or in favor of Plaintiff Eidex Family Partnership, L.P. See 28 U.S.C. § 144. Mr. Justice asserts that Judge Chen's rulings were legally incorrect, but that does not constitute an extraordinary circumstance justifying the relief sought. Similarly, Mr. Justice's statement that it

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would be more convenient for him to have the case litigated in Oakland, as opposed to San Francisco, is not an extraordinary circumstance justifying the relief sought.

IT IS SO ORDERED.

Dated: October 3, 2008 _________________________ JEFFREY S. WHITE United States District Court Judge GENERAL DUTY JUDGE

United States District Court

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For the Northern District of California

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

EIDEX FAMILY PARTNERSHIP L.P., Plaintiff, v. CALVIN JUSTICE et al, Defendant. /

Case Number: CV08-01173 EMC CERTIFICATE OF SERVICE

United States District Court

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For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 3, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Carlvin Justice 1414 62nd St. Emeryville, CA 94608 Dated: October 3, 2008 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk