(PC) Baker v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaAugust 11, 20232:19-cv-02617California367 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Timothy Ray Baker, No. 2:19-cev-02617-KJM-DMC Plaintiff, ORDER v. J. Howard, et al., 1S Defendants. 16 After determining each of the parties had filed a consent to proceed before a magistrate 18 judge, this court reassigned and referred the case to a magistrate judge for all further proceedings im accordance with 28 U.S.C. § 636(c). See Prior Order, ECF No. 62. Shortly thereafter, plaintiff Timothy Baker filed a form declining consent to the jurisdiction of a magistrate judge. Decline Consent, ECF No. 63. The court construes the form as a motion to withdraw consent. “[O]nly a 22 district judge may rule on a motion to withdraw consent to the jurisdiction of a magistrate judge.” Branch v. Umphenour, 936 F.3d 994, 1003 (9th Cir. 2019). Therefore, the court retains 24 jurisdiction for the limited purpose of ruling on the motion to withdraw consent and denies the motion. …

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