Tucker v. Calhoun County School District et al

Filing 27

ORDER granting 26 Motion to Withdraw Consent to Magistrate. Clerk of Court is directed to assign a district judge to the case. Signed by Magistrate Judge Jane M. Virden on 12/9/2016. (bbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
TAKEISHA TUCKER, individually and on behalf of
her minor daughter, T.T.
VS.

PLAINTIFFS

CIVIL ACTION NO.: 3:16-CV-93-JMV

CALHOUN COUNTY SCHOOL DISTRICT, ET AL.

DEFENDANTS

ORDER GRANTING MOTION TO WITHDRAW CONSENT TO MAGISTRATE

Before the court is Defendant’s Motion to Withdraw Consent to Trial by Magistrate [26].
No opposition to said motion has been filed.
“The Federal Magistrate Act provides that ‘[u]pon the consent of the parties, a full-time
United States magistrate judge . . . may conduct any or all proceedings in a jury or nonjury civil
matter and order the entry of judgment in the case, when specially designated to exercise such
jurisdiction by the district court.’” Roell v. Withrow, 538 U.S. 580, 585 (2003) (quoting 28
U.S.C. § 636(c)(1)). Once the parties have consented to magistrate judge jurisdiction in a civil
case under § 636(c)(1), the reference to the magistrate judge can be withdrawn by the court only
“for good cause shown on its own motion, or under extraordinary circumstances shown by any
party.” 28 U.S.C. § 636(c)(4); Fed. R. Civ. P. 73(b).
Defendants seek to withdraw consent because they were unaware that by consenting to a
trial by the undersigned, they were consenting to a trial setting in Greenville, Mississippi. The
mistaken belief that the trial setting would remain in Oxford, Mississippi was material to the
Defendants’ consent to trial by magistrate and thus consent was given by Defendants based upon
a mistake. This mistake, together with the fact that no opposition has been filed, establishes
good cause and an exceptional circumstance sufficient to allow Defendants to withdraw consent.

Accordingly, it is hereby ordered that the Clerk of Court is directed to assign a district
judge to the case.
SO ORDERED this, the 9th day of December, 2016.

/s/ Jane M. Virden
__
UNITED STATES MAGISTRATE JUDGE