Ware

(PC) Thomas v. Ware

Good Law
United States District Court, Eastern District of CaliforniaMarch 10, 20222:22-cv-00177California301 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL THOMAS, No. 2:22-cv-0177-EFB P Plaintiff, v. ORDER WARE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action brought under 42 U.S.C. § 1983. Plaintiff moves to rescind his consent to the magistrate judge’s jurisdiction. ECF No. 11. Because this action has not yet been reassigned to the undersigned for all purposes including trial, plaintiff may withdraw his consent without demonstrating good cause or extraordinary circumstances. See 28 U.S.C. § 636(c); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (“Once a civil case is referred to a magistrate judge under section 636(c), the reference can be withdrawn by the court only ‘for good cause shown on its own motion, or under extraordinary circumstances shown by any party.’”). Accordingly, in the interests of justice, the court will grant plaintiff’s request to rescind his consent, and his consent to…

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