(PC) Patton v. Loadholt ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY L. PATTON, No. 2: 19-cv-0451 KJN P 12 Plaintiff, 13 v. ORDER 14 F.N.P. LOADHOLT, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. For the reasons stated herein, plaintiff’s form declining consent to the 19 jurisdiction of the undersigned, filed June 26, 2023, is disregarded. 20 On March 3, 2019, plaintiff consented to the jurisdiction of the undersigned. (ECF No. 3.) 21 On May 8, 2023, defendants consented to the jurisdiction of the undersigned. (ECF No. 158.) 22 On June 2, 2023, the Honorable Kimberly J. Mueller reassigned this action to the undersigned 23 based on the consent forms filed by both parties. (ECF No. 162.) 24 Once a civil case is referred to a magistrate judge under 28 U.S.C. § 636(c), the reference 25 can be withdrawn only by the district court, and only “for good cause shown on its own motion, 26 or under extraordinary circumstances shown by any party.” Dixon v. Ylst, 990 F.2d 478, 480 (9th 27 Cir. 1993) (quoting Fellman v. Fireman’s Fund Ins. Co., 735 F.2d 55, 58 (2d Cir. 1984)); 28 28 U.S.C. § 636(c)(6); Fed. R. Civ. P. 73(b). ] Plaintiff failed to file a motion to withdraw his consent to the jurisdiction of the 2 | undersigned. For this reason, plaintiff's form declining jurisdiction, filed June 26, 2023, is 3 || disregarded. If plaintiff files a motion to withdraw his consent to the jurisdiction of the 4 || undersigned, this motion shall be referred to the District Court. A motion to withdraw consent 5 || shall address the extraordinary circumstances supporting the motion. Dixon, 990 F.2d at 480. 6 Accordingly, IT IS HEREBY ORDERED that plaintiffs form declining consent to the 7 || jurisdiction of the undersigned (ECF No. 166) is disregarded. 8 | Dated: June 29, 2023 Foci) Aharon 10 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 11 12 13 14 Pat451.con 15 16 17 18 19 20 21 22 23 24 25 26 27 28