Monical v. Winters et al

Filing 226

ORDER: Monical has failed to meet the high standard for withdrawing consent to magistrate jurisdiction and so his motion 201 is DENIED. This matter properly remains before Judge You for resolution of Monical's claims. Signed on 8/30/2021 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 8/30/2021.) (ck)

Case 1:17-cv-00476-YY

Document 226

Filed 08/30/21

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

BRADLEY WILLIAM MONICAL,
Plaintiff,
v.

No. 1:17-cv-00476-YY
ORDER

JACKSON COUNTY, et al.,
Defendants.
_______________________________________
AIKEN, District Judge.
This case comes before the Court on Plaintiff Bradley Monical’s Objections to
Magistrate Judge’s Order. ECF No. 201. This case is assigned to Magistrate Judge
Youlee You and, as of October 18, 2019, all parties have consented to magistrate judge
jurisdiction in this case. ECF No. 140. In his Objections, Monical seeks to withdraw
his consent to magistrate jurisdiction and so the matter was referred to this Court.
ECF No. 203. For the reasons set forth below, Monical’s Objections, which the Court
construes as a motion to withdraw consent, are DENIED.
If all parties to a civil action consent, all proceedings including trial and entry
of judgment may be conducted by a magistrate judge. 28 U.S.C. § 636(c)(1); Branch
v. Umphenour, 936 F.3d 994, 1000 (9th Cir. 2019); Dixon v. Ylst, 990 F.2d 478, 47980 (9th Cir. 1993). “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. Under

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Case 1:17-cv-00476-YY

Document 226

Filed 08/30/21

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both the United States Code and the Federal Rules of Civil Procedure, once a civil
case is referred to a magistrate judge under § 636(c), the reference can be withdrawn
by the court only “for good cause 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)(3);
Branch, 936 F.3d at 1002; Dixon, 990 F.2d at 480. A motion to withdraw consent or
reference is to be decided by a district judge rather than the magistrate judge.
Branch, 936 F.3d at 1003. “Good cause” and “extraordinary circumstances” are high
bars that are difficult to satisfy. Id. at 1004. “Neither mere dissatisfaction with a
magistrate judge’s decisions, nor unadorned accusations that such decisions reflect
judicial bias, will suffice.” Id.
In this case, Monical seeks to withdraw his consent to magistrate jurisdiction
because he is dissatisfied with Judge You’s rulings, which he attributes to bias. Such
arguments are expressly foreclosed under Branch. Monical has failed to meet the
high standard for withdrawing consent to magistrate jurisdiction and so his motion,
ECF No. 201, is DENIED. This matter properly remains before Judge You for
resolution of Monical’s claims.
30th
It is so ORDERED and DATED this _____ day of August 2021.

/s/Ann Aiken
ANN AIKEN
United States District Judge

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