(PC) Jackson v. Quick ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CORNELL JACKSON, Old Case No. 1:19-cv-01591 JLT EPG (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION 13 v. FOR ADDITIONAL TIME TO FILE CONSENT/DECLINE FORM AND MOTION 14 JASON QUICK, et al., TO WITHDRAW CONSENT TO MAGISTRATE JUDGE JURISDICTION 15 Defendants. (Doc. 183) 16 17 Mr. Jackson previously consented to magistrate judge jurisdiction for all purposes. More 18 recently, the defense filed a similar consent. Consequently, the Court reassigned the case to the 19 Magistrate Judge to conduct the trial and any other remaining actions in this case. (Doc. 173) 20 Now, Mr. Jackson seeks additional time to file a consent/decline form related to magistrate judge 21 jurisdiction. (Doc. 183) The Court construes this as a motion to withdraw consent by Plaintiff. 22 The case was assigned to the undersigned for the limited purpose addressing this matter. 23 If all parties to a civil action consent, all proceedings including trial and entry of 24 judgment may be conducted by a magistrate judge. 28 U.S.C. § 636(c)(1); Branch v. Umphenour, 25 936 F.3d 994, 1000 (9th Cir. 2019); Dixon v. Ylst, 990 F.2d 478, 479–80 (9th Cir. 1993). “There 26 is no absolute right, in a civil case, to withdraw consent to trial and other proceedings before a 27 magistrate judge.” Dixon, 990 F.2d at 480. Once a civil case is referred to a magistrate judge 1 | motion, or under extraordinary circumstances shown by any party.” 28 U.S.C. § 636(c)(4); Fed. 2 | R. Civ. P. 73(b)(3); Branch, 936 F.3d at 1002; Dixon, 990 F.2d at 480. The “extraordinary 3 | circumstances” standard applicable to a party seeking to withdraw consent to magistrate judge 4 | jurisdiction is a high bar. Branch, 936 F.3d at 1004. “Neither mere dissatisfaction with a 5 || magistrate judge’s decisions, nor unadorned accusations that such decisions reflect judicial bias, 6 | will suffice.” Jd. A motion to withdraw consent or reference is to be decided by the district judge, 7 | not the magistrate judge. /d. at 1003. 8 Plaintiff fails to meet the high burden required to justify withdrawing his consent to 9 | magistrate judge jurisdiction. Plaintiff did not provide any explanation for his attempt to 10 | withdraw his consent, much less a justification that would satisfy the required “extraordinary 11 | circumstances” standard. Because Plaintiff voluntarily consented to magistrate judge jurisdiction 12 | and failed to demonstrate extraordinary circumstances to withdraw his consent, Plaintiff's motion 13 || to withdraw his consent is DENIED. 14 This case SHALL be re-assigned to United States Magistrate Judge Erica P. Grosjean for 15 | all purposes, including trial and entry of judgment. Further papers shall bear the case number 16 | 1:19-cv-01591 EPG (PC). The U.S. District Judge will take no further action in this case. 17 18 IT IS SO ORDERED. 19 | Dated: _ February 29, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28