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Rodriguez v. Unknown-Named Disciplinary Hearings Agent

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 16, 2010

JOSE DEJESUS RODRIGUEZ, PLAINTIFF,
v.
UNKNOWN-NAMED DISCIPLINARY HEARINGS AGENT A.K.A. "SERGEANT SIMMONS," ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the court is plaintiff's August 13, 2010 filing stating that plaintiff declines to consent to the jurisdiction of a magistrate judge. (Dkt. No. 62.) However, plaintiff previously filed a document nearly a year ago voluntarily consenting to the jurisdiction of a magistrate judge for all further proceedings in this case, pursuant to the provisions of 28 U.S.C. § 636(c)(1).*fn1 (Dkt. No. 7.) To the extent that this recent filing could be construed as a motion or request to withdraw plaintiff's prior consent, the court hereby denies this request.

Plaintiff has shown neither good cause nor extraordinary circumstances meriting withdrawal of the reference in this action. 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480 (9th Cir. 1993) ("Once a civil case is referred to a magistrate judge under section 636(c), the reference can be withdrawn by the court only 'for good cause shown on its own motion, or under extraordinary circumstances shown by any party.'").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." Id.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's August 13 filing (Dkt. No. 62) seeking to decline the jurisdiction of a magistrate judge is DENIED without prejudice; and

2. The Clerk of Court is directed to modify the docket to reflect that this action will proceed as a Consent case.

IT IS SO ORDERED


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