Tindal v. Accounts Receivable Eagan Accounting Services

Filing 8

ORDER re Plaintiff's April 26, 2013 Filing: 7 Consent/Declination to Proceed Before a US Magistrate Judge filed by Concordia D. Tindal. Signed by Judge Elizabeth D Laporte on 4/30/2013. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 5/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CONCORDIA D. TINDAL,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -13-01684 EDL
ORDER REGARDING PLAINTIFF’S
APRIL 26, 2013 FILING

v.
ACCOUNTS RECEIVABLE EAGAN
ACCOUNTING SERVICES,

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Defendant.
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Plaintiff filed this action on April 12, 2013, and also filed an Application to Proceed In
Forma Pauperis on the same day. On April 24, 2013, Plaintiff filed a Consent to Proceed Before a
United States Magistrate Judge. On April 26, 2013, Plaintiff re-filed her Consent to Proceed Before
a United States Magistrate Judge with the following handwritten note: “4-25-13. Please be informed
that I want to change from consent to proceed before a United States Magistrate Judge to United
States District Court Judge of Northern District of California.” The April 26, 2013 filing was not
efiled by the Clerk’s Office until after the Court efiled its Order Granting Plaintiff’s Application to
Proceed In Forma Pauperis and Dismissing the Complaint with Leave to Amend on April 29, 2013.
It appears that Plaintiff is seeking to withdraw her consent to proceed before a United States
Magistrate Judge. Withdrawal of consent in civil cases is only permitted in extraordinary
circumstances. See 28 U,S.C. § 636(c)(4); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (“Once
a civil case is referred to a magistrate judge under section 636(c), the reference can be withdrawn by
the court only ‘for good cause shown on its own motion, or under extraordinary circumstances
shown by any party.’”). “There is no absolute right, in a civil case, to withdraw consent to trial and
other proceedings before a magistrate judge.” Dixon, 990 F.2d at 480. As of yet, Plaintiff has not
pointed to any extraordinary circumstances to justify withdrawal of consent.

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If Plaintiff believes that there are extraordinary circumstances warranting withdrawal of

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consent at this time, Plaintiff may file a brief of no more than three pages setting out those

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extraordinary circumstances no later than May 14, 2013, and the Court will rule on the brief without

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a hearing.

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IT IS SO ORDERED.
Dated: April 30, 2013
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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United States District Court
For the Northern District of California

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