(PC) Martin v. Knight ( 2023 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR MARTIN, No. 1:22-cv-01582-ADA-BAM (PC) 12 Plaintiff, 13 v. ORDER GRANTING PLAINTIFF’S MOTION TO WITHDRAW MAGISTRATE JUDGE 14 KNIGHT, et al., CONSENT 15 Defendants. (ECF No. 13) 16 17 Plaintiff Omar Martin is proceeding pro se and in forma pauperis in this civil rights action 18 filed pursuant to 42 U.S.C. § 1983. Plaintiff filed a complaint on December 9, 2022. (ECF No. 19 1.) On December 30, 2022, Plaintiff indicated his consent to proceed before a United States 20 Magistrate Judge for all purposes, including trial and entry of judgment. (ECF No. 4.) On 21 January 23, 2023, the Court received a motion from Plaintiff, dated January 16, 2023, seeking to 22 withdraw Magistrate Judge consent. (ECF No. 13.) In that motion, Plaintiff claims that he 23 mistakenly checked the wrong box on the Court’s consent form and repeatedly asserts that he did 24 not intend to consent. (Id.) The Court received this motion before ordering service of the 25 complaint on Defendant and before receiving notice about Defendant’s position on consenting or 26 declining magistrate judge jurisdiction. 27 Litigants in federal court are entitled to have their cases determined by Article III district 28 judges. Pacemaker Diagnostic Clinic of Am., Inc. v. Instromedix, Inc., 725 F.2d 537, 541 (9th 1 Cir. 1984). When both parties consent to the jurisdiction of a magistrate judge, however, they 2 forfeit their right to review by the district judge. See Branch v. Umphenour, 936 F.3d 994, 1001 3 (9th Cir. 2019); 28 U.S.C. § 636(c)(1). “There is no absolute right, in a civil case, to withdraw 4 consent to trial and other proceedings before a magistrate judge.” Dixon v. Ylst, 990 F.2d 478, 5 480 (9th Cir. 1993). Once both parties have consented, therefore, the district court can vacate 6 consent to the magistrate judge’s jurisdiction under two circumstances: (1) on the court’s own 7 motion for good cause shown; or (2) on motion by a party demonstrating extraordinary 8 circumstances. 28 U.S.C. § 636(c)(4). A party need not, however, “satisfy the good cause or 9 extraordinary circumstances standard provided in § 636(c)(4) in order to withdraw magistrate 10 judge consent before all parties have consented.” Gilmore v. Lockard, 936 F.3d 857, 863 (9th 11 Cir. 2019). In such cases, whether to grant a request to withdraw consent is within the discretion 12 of the district court. Id. 13 Because Defendant has yet to file a consent/decline form, the Court finds it appropriate to 14 grant Plaintiff’s motion to withdraw consent. Plaintiff has diligently pursued this matter and, in 15 fact, filed his consent form more than two weeks before it was due. (See ECF No. 2 docket text 16 (“Consent or Decline due by 1/16/2022.”); ECF No. 4 (consent form dated 12/27/22).) Moreover, 17 Plaintiff’s desire to withdraw consent does not follow an adverse ruling from the Magistrate 18 Judge. Cf. McNeely v. Chappell, No. 2:12-cv-0931-EFB P, 2013 WL 4004526, at *2 (E.D. Cal. 19 Aug. 5, 2013) (holding it particularly inappropriate to permit withdrawal of consent “where the 20 withdrawal attempt occurs after the party has received an adverse ruling on a motion”). While the 21 Magistrate Judge’s screening order noted deficiencies in Plaintiff’s complaint, Plaintiff had 22 already placed his motion to withdraw consent in the mail before receiving that order. (See ECF 23 Nos. 12, 13.) The Court, therefore, has little reason to doubt the sincerity of Plaintiff’s claim that 24 he mistakenly checked the wrong box on the consent form. Finally, it is still early in the 25 proceedings and granting Plaintiff’s motion will neither prejudice Defendant nor inconvenience 26 the Court. See Gilmore, 936 F.3d at 864. 27 /// 28 /// 1 Accordingly, 2 1. Plaintiff's motion to withdraw magistrate judge consent, (ECF No. 13), is granted; 3 2. Plaintiffs previously filed consent/decline form, (ECF No. 4), is vacated; 4 3. The Clerk of Court is directed to mail a new blank consent/decline form to 5 Plaintiff; and 6 4. Plaintiff shall complete and return the new consent/decline form within thirty (30) 7 days of his receipt of that form. 8 9 19 | IT IS SO ORDERED. 11 Dated: _ September 11, 2023 UNITED f£TATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 1:22-cv-01582

Filed Date: 9/12/2023

Precedential Status: Precedential

Modified Date: 6/20/2024