Liu v. City of Reno

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 kee 4 FRANK LIU, Case No. 3:22-cv-00551-CLB 5 Plaintiff, ORDER DIRECTING CLERK TO RANDOMLY REASSIGN CASE TO 6 V. DISTRICT JUDGE FOR DECISION ON 7 CITY OF RENO, et. a/., MOTION ID STAYING CASE 8 Defendants. 9 10 On May 18, 2023, this case was referred to the undersigned on consent in 11 || accordance with 28 U.S.C. § 636. (ECF No. 23.) On September 23, 2023, Plaintiff Frank 12 || Liu filed a motion to withdraw his consent to proceed before a magistrate judge. (ECF No. 13 || 42.) 14 In 2019, the Ninth Circuit explicitly ruled only a district judge may rule on a motion 15 || to withdraw consent to the jurisdiction of a magistrate judge. Branch v. Umphenour, 936 16 || F.3d 994, 1001-02 (9th Cir. 2019) (citing 28 U.S.C. § 636(c)(4); Fed. R. Civ. P. 73(b)(3)); 17 || see also Brown v. Leachman, 2018 WL 827233 at *1 (N.D. Cal., Mar. 4, 2021) (order from 18 || magistrate judge in consent case wherein the appellate court directed the magistrate to 19 || transfer the case such that a district judge could decide, in the first instance, whether 20 || or not the plaintiff should have been permitted to withdraw consent to proceed before 21 || a magistrate judge). 22 Accordingly, the Clerk shall randomly reassign this case to a district judge for 23 || decision on the motion to withdraw consent, (ECF No. 42). Additionally, all deadlines shall 24 || be stayed until a decision on the motion to withdraw consent is rendered. 25 || DATED: September 25, 2023. . 26 27 UNITED‘STATES MAGISTRATE JUDGE 28