ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS CLASS CERTIFICATION AND DENYING MOTION FOR SERVICE OF COMPLAINT
ORDER DISREGARDING PLAINTIFF'S MOTION TO THE DISTRICT JUDGE, AS PLAINTIFF CONSENTED TO MAGISTRATE JUDGE JURISDICTION / Doc. 8
On July 8, 2011, Plaintiff Michael B. Williams ("Plaintiff"), a civil detainee proceeding pro se and in forma pauperis, filed this civil rights action filed this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1.
On July 27, 2011, Plaintiff consented to Magistrate Judge jurisdiction. Doc. 5. On May 3, 2012, Plaintiff filed a motion to serve the complaint and dismiss class certification. Doc. 8. Plaintiff directed his motion to the District Judge. Id. If Plaintiff is seeking to withdraw his consent to Magistrate Judge jurisdiction, Plaintiff must file a motion and must show extraordinary circumstances. Once a civil case is referred to a magistrate judge under 636(c), the reference can be withdrawn by the Court only "for good cause shown on its own motion, or under extraordinary circumstances shown by any party." Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993). "There is no absolute right, in a civil case, to withdraw consent to trial and other proceedings before a magistrate judge." Id. Length of time between filing the case and issuing a screening order does not demonstrate good cause.
As for Plaintiff's motion to serve his complaint, in a separate order, the undersigned issued an order dismissing Plaintiff's complaint, with leave to amend, for failure to state a claim. Thus, the Court declines to issue service on Plaintiff's complaint at this time.
Accordingly, it is HEREBY ORDERED that:
1. Plaintiff's motion directed to the District Judge is DISREGARDED;
2. Plaintiff's motion to dismiss class certification is GRANTED; and
3. Plaintiff's motion for service of complaint is DENIED.
UNITED STATES MAGISTRATE JUDGE
© 1992-2012 VersusLaw ...