What authority does a magistrate judge have to rule on a motion to withdraw consent?

MultiRegion, United States of America

The following excerpt is from Branch v. Umphenour, 936 F.3d 994 (9th Cir. 2019):

In the face of this textual and historical evidence, defendants point to the grant of authority to a magistrate judge to "conduct any or all proceedings," 28 U.S.C. 636(c)(1), and argue that this "necessarily includes ruling on a motion to withdraw consent." But that grant of jurisdiction is qualified by the restriction on who may decide a motion to withdraw consent. It is a cardinal rule of statutory interpretation that a specific limitation takes precedence over a general grant of authority. See RadLAX Gateway Hotel, LLC v. Amalgamated Bank , 566 U.S. 639, 645, 132 S.Ct. 2065, 182 L.Ed.2d 967 (2012). Defendants interpretation would also have the troubling result that a party before a magistrate judge would be unable to petition an Article III judge for review. Such an arrangement would raise significant constitutional difficulties, as it would appear to lack the requisite supervision by an Article III officer.

Other Questions


In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Does consent to a magistrate judge entitle the parties to a particular magistrate judge? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Can a party withdraw consent to trial before a magistrate judge? (MultiRegion, United States of America)
How have the courts treated a motion to disqualify a district judge and a magistrate judge? (MultiRegion, United States of America)
What is the role of a magistrate judge in deciding motions in a motion? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
Does a motion to withdraw a plea of no confidence in a federal criminal case have jurisdiction to withdraw such a plea? (MultiRegion, United States of America)
What is the test for a motion of no confidence in a judge's ability to compel the judge to produce a written opinion in the absence of evidence? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.