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James andrew Doria v. Arno Nappi

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


April 8, 2013

JAMES ANDREW DORIA, PLAINTIFF,
v.
ARNO NAPPI, ET AL., DEFENDANTS.

ORDER

Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights action brought pursuant to 42 U.S.C. § 1983. On March 29, 2013, plaintiff filed a "Motion to Decline a Magistrate Judge," stating that in January of 2013, he signed and dated a form, "but never checked the box that [he] wanted to check off." Dckt. No. 40; see also Dckt. No. 42. Plaintiff states that he does "not want a magistrate judge to hear [his] case." Dckt. No. 40.

Over one year ago, on April 4, 2012, plaintiff signed and dated a form indicating his consent to the jurisdiction of a United States Magistrate Judge over all proceedings in this case. Dckt. No. 5. Once a civil case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), the reference can be withdrawn only "for good cause shown on its own motion, or under extraordinary circumstances shown by any party." 28 U.S.C. § 636(c)(4); Dixon v. Ylst, 990 F.2d 478, 480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."). Here, there are no circumstances entitling plaintiff to withdraw his consent to the jurisdiction of the Magistrate Judge.

Accordingly, it is hereby ORDERED that plaintiff's motion to withdraw his consent to the jurisdiction of a United States Magistrate Judge (Dckt. Nos. 40, 42) is denied.*fn1


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