Franklin v. State of Nevada

D. Nevada

Franklin v. State of Nevada

DecidedMay 31, 2022

Docket3:18-cv-00522

StatusUnknown

This text of Franklin v. State of Nevada (Franklin v. State of Nevada) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Franklin v. State of Nevada, (D. Nev. 2022).

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 TERON FRANKLIN, Case No. 3:18-cv-00522-CLB 5 Plaintiff, ORDER DIRECTING CLERK TO RANDOMLY REASSIGN CASE TO 6 v. DISTRICT JUDGE FOR DECISION ON MOTION TO WITHDRAW CONSENT 7 STATE OF NEVADA, et. al., AND STAYING CASE 8 Defendants. 9 10 On May 9, 2022, this case was referred to the undersigned on consent in 11 accordance with 28 U.S.C. § 636. (ECF No. 101.) Shortly after, Plaintiff Teron Franklin 12 filed an objection to the order assigning this case on consent. (ECF No. 103.) The Court 13 construes the objection as a motion to withdraw his consent to proceed before a 14 magistrate judge and ordered Defendants to respond accordingly. (ECF No. 104.) 15 Defendants responded to the objection and opposed the motion to withdraw consent. 16 (ECF No. 105.) 17 In 2019, the Ninth Circuit explicitly ruled only a district judge may rule on a motion 18 to withdraw consent to the jurisdiction of a magistrate judge. Branch v. Umphenour, 936 19 F.3d 994, 1001-02 (9th Cir. 2019) (citing 28 U.S.C. § 636(c)(4); Fed. R. Civ. P. 73(b)(3)); 20 see also Brown v. Leachman, 2018 WL 827233 at *1 (N.D. Cal., Mar. 4, 2021) (order from 21 magistrate judge in consent case wherein the appellate court directed the magistrate to 22 transfer the case such that a district judge could decide, in the first instance, whether 23 or not the plaintiff should have been permitted to withdraw consent to proceed before 24 a magistrate judge). 25 /// 26 /// 27 /// 28 /// 1 Accordingly, the Clerk shall randomly reassign this case to a district judge for 2 decision on the motion to withdraw consent, (ECF No. 103). Additionally, all deadlines, 3 including briefing on Defendants’ motion for summary judgment, shall be stayed until a 4 decision on the motion to withdraw consent is rendered. 5 DATED: __M_____ay 31, 2022___________. 6 ______________________________________ 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 TERON FRANKLIN, Case No. 3:18-cv-00522-CLB 5 Plaintiff, ORDER DIRECTING CLERK TO RANDOMLY REASSIGN CASE TO 6 v. DISTRICT JUDGE FOR DECISION ON MOTION TO WITHDRAW CONSENT 7 STATE OF NEVADA, et. al., AND STAYING CASE 8 Defendants. 9 10 On May 9, 2022, this case was referred to the undersigned on consent in 11 accordance with 28 U.S.C. § 636. (ECF No. 101.) Shortly after, Plaintiff Teron Franklin 12 filed an objection to the order assigning this case on consent. (ECF No. 103.) The Court 13 construes the objection as a motion to withdraw his consent to proceed before a 14 magistrate judge and ordered Defendants to respond accordingly. (ECF No. 104.) 15 Defendants responded to the objection and opposed the motion to withdraw consent. 16 (ECF No. 105.) 17 In 2019, the Ninth Circuit explicitly ruled only a district judge may rule on a motion 18 to withdraw consent to the jurisdiction of a magistrate judge. Branch v. Umphenour, 936 19 F.3d 994, 1001-02 (9th Cir. 2019) (citing 28 U.S.C. § 636(c)(4); Fed. R. Civ. P. 73(b)(3)); 20 see also Brown v. Leachman, 2018 WL 827233 at *1 (N.D. Cal., Mar. 4, 2021) (order from 21 magistrate judge in consent case wherein the appellate court directed the magistrate to 22 transfer the case such that a district judge could decide, in the first instance, whether 23 or not the plaintiff should have been permitted to withdraw consent to proceed before 24 a magistrate judge). 25 /// 26 /// 27 /// 28 /// 1 Accordingly, the Clerk shall randomly reassign this case to a district judge for 2 decision on the motion to withdraw consent, (ECF No. 103). Additionally, all deadlines, 3 including briefing on Defendants’ motion for summary judgment, shall be stayed until a 4 decision on the motion to withdraw consent is rendered. 5 DATED: __M_____ay 31, 2022___________. 6 ______________________________________ 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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