(PC) Pina v. Ysusi ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PABLO P. PIÑA, Case No. 1:20-cv-01735-BAM (PC) 12 Plaintiff, ORDER ASSIGNING DISTRICT JUDGE JENNIFER L. THURSTON TO CASE FOR 13 v. LIMITED PURPOSE OF RULING ON MOTION TO WITHDRAW CONSENT 14 YSUSI, et al., (ECF No. 37) 15 Defendants. 16 17 Plaintiff Pablo P. Piña (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint 19 against Defendant Ysusi for excessive force in violation of the Eighth Amendment and against 20 Defendant J. Gonzales for retaliation in violation of the First Amendment. 21 Pursuant to 28 U.S.C. § 636(c)(1), the Court was informed that all parties had consented 22 to conduct all further proceedings in this action before a U.S. Magistrate Judge, including trial 23 and entry of judgment. (ECF No. 6 (Plaintiff’s consent); ECF No. 35 (Defendants’ consent).) On 24 February 1, 2022, then-assigned District Judge Jennifer L. Thurston issued an order assigning this 25 action to the undersigned for all purposes pursuant to the consent of all parties. (ECF No. 36.) 26 On February 18, 2022, Plaintiff filed a form indicating his intent to decline jurisdiction of 27 a U.S. Magistrate Judge. (ECF No. 37.) The form is dated January 25, 2022, and appears to have 28 been completed prior to the Court’s February 1, 2022 order. Although Plaintiff did not attach a 1 motion or other explanation of his form, the undersigned construes the form as a motion to 2 withdraw consent to Magistrate Judge jurisdiction. Only a District Judge may rule on a motion to 3 withdraw consent to Magistrate Judge jurisdiction. Branch v. Umphenour, 936 F.3d 994, 1003 4 (9th Cir. 2019). 5 Accordingly, the Clerk of the Court is HEREBY DIRECTED to reassign District Judge 6 Jennifer L. Thurston to this action for the limited purpose of the disposition of Plaintiff’s motion 7 to withdraw consent to Magistrate Judge jurisdiction, (ECF No. 37). 8 IT IS SO ORDERED. 9 10 Dated: February 22, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28