Branch v. Umphenour, No. 17-15369 (9th Cir. 2019)
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Only a district judge may rule on a motion to withdraw consent to the jurisdiction of a magistrate judge under 28 U.S.C. 636(c)(4). Plaintiff filed suit pro se in 2008, alleging civil rights violations by prison officials. Plaintiff consented to magistrate jurisdiction shortly after filing his action and defendants declined consent more than seven years later in 2015.
The Ninth Circuit vacated the magistrate judge's denial of plaintiff's motion to withdraw consent to the magistrate judge's jurisdiction and remanded with instructions to the district judge to consider that motion de novo. If the district court finds that plaintiff should have been permitted to withdraw consent, the district judge is to vacate the judgment entered by the magistrate judge. The panel also vacated the screening orders entered by various magistrate judges that dismissed certain of plaintiff's claims and remanded for further proceedings on those claims.
Court Description: Prisoner Civil Rights The panel vacated a magistrate judge’s denial of plaintiff’s motion to withdraw consent to magistrate judge jurisdiction, vacated screening orders entered by various magistrate judges, and remanded. Plaintiff is a pro se prisoner who brought suit in 2008 alleging civil rights violations by prison officials. Shortly after filing his action, plaintiff consented to magistrate judge jurisdiction. Defendants declined to consent until more than seven years later, in 2015. The panel first found no error in the magistrate’s decision to adjudicate certain pending motions for reconsideration. The panel held that once all parties consented to the magistrate judge’s jurisdiction, the magistrate judge was authorized to decide the pending motions. The panel held that although it was clear that plaintiff was entitled to seek district court review of the magistrate judge’s decision before all parties accepted the magistrate judge’s jurisdiction, it was equally clear that, after all parties consented, plaintiff had no right to return to the district court for further review. The panel held that only a district judge may rule on a motion to withdraw consent to the jurisdiction of a magistrate judge under section 636(c)(4). Therefore, the BRANCH V. UMPHENOUR 3 magistrate judge lacked jurisdiction to rule on plaintiff’s motion to withdraw consent. The panel acknowledged that although other sister circuits had reached different conclusions, the panel found those decisions unpersuasive. In determining the proper remedy, the panel rejected plaintiff’s contention that this was a structural error requiring automatic vacatur of the judgment. The panel held that because the injury to plaintiff was that he was denied review of his motion to withdraw by an Article III court, the proper remedy was to remand to the district court to consider the motion to withdraw consent in the first instance. On remand, if the district judge found, either based on good cause or extraordinary circumstances, that plaintiff ought to have been permitted to withdraw consent, then the district court would be required to vacate the judgment. The panel further held that the magistrate judge who screened plaintiff’s various complaints lacked jurisdiction to dismiss plaintiff’s claims before the defendants had not yet consented to jurisdiction. The panel held that without consent, a magistrate judge is limited to submitting a report and recommendation on dispositive pretrial motions, including motions to dismiss for failure to state a claim. See 28 U.S.C. § 636(b)(1)(A), (B). The panel therefore vacated the screening orders entered by various magistrate judges that dismissed certain of plaintiff’s claims and remanded for further proceedings on those claims.
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