Matthews v. Holguin et al
Filing
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ORDER Denying Plaintiff's 8 Motion for Leave to Amend as Unnecessary signed by Magistrate Judge Sandra M. Snyder on 06/28/2011. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TYE MATTHEWS,
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CASE NO. 1:10-cv-01806-SMS PC
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION FOR
LEAVE TO AMEND AS UNNECESSARY
v.
(ECF No. 8)
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H. HOLGUIN, et al.,
Defendants.
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Plaintiff Tye Matthews (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The complaint in this action was
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filed on September 10, 2010, and is currently pending screening. On March 14, 2011, Plaintiff filed
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a consent to jurisdiction of the Magistrate Judge. On June 27, 2011, Plaintiff filed a motion to
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amend the complaint because he assumed that a Magistrate Judge was a trial judge and he wants a
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jury trial. It appears that Plaintiff has mistakenly assumed that by consenting to the jurisdiction of
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the Magistrate Judge he will not be entitled to a trial by jury. As explained in the order re consent,
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a Magistrate Judge may conduct all proceedings, including a trial by jury. By consenting to the
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jurisdiction of the Magistrate Judge Plaintiff has not forfeited his right to a trial by jury.
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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s
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pleading once as a matter of course at any time before a responsive pleading is served. Otherwise,
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a party may amend only by leave of the court or by written consent of the adverse party, and leave
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shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). In this case, a responsive
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pleading has not been served and Plaintiff has not previously amended his complaint. Therefore,
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Plaintiff may file an amended complaint without leave of the Court.
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To the extent that Plaintiff is attempting to withdraw his consent to Magistrate Judge
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jurisdiction, once a civil case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), the
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reference can be withdrawn only “for good cause shown on its own motion, or under extraordinary
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circumstances shown by any party.” Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993). Plaintiff has
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not set forth good cause or extraordinary circumstances to grant such relief.
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Accordingly, Plaintiff’s motion to amend the complaint is HEREBY DENIED.
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IT IS SO ORDERED.
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Dated:
cm411
June 28, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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