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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
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In Re:
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CONSENT AND REFERRALS TO U.S. SECOND AMENDED GENERAL
9 TO MAGISTRATE JUDGES ORDER NO. 01-15
PURSUANT TO 28 U.S.C. § 636
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Pursuant to the agreement of all U.S. District Judges of this court, Amended General
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Order 03-11 regarding Consent References to U.S. Magistrate Judges Pursuant to 28 U.S.C. §
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14 636(c) is ordered amended as follows:
15 1. General Objectives. It is the intent of the court to facilitate the reference of civil
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cases, pursuant to 28 U.S.C. §636, to the court’s U.S. Magistrate Judges. The public, the parties
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to civil litigation, and the court are well served by reference to magistrate judges of all appropriate
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cases. The court is mindful, however, that such a reference should only be made in a case if all
20 parties knowingly and voluntarily consent to the reference. All procedures adopted pursuant to
21 this order, therefore, shall be interpreted and applied in a manner consistent with this limitation.
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2. Social Security Cases. This section applies to all cases in which plaintiff seeks
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review, pursuant to 42 U.S.C. §405(g), of a decision by the Commissioner of Social Security.
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25 The clerk may assign such cases, upon filing, to a U.S. Magistrate Judge or a U.S. District
26 Judge. Cases properly filed in Tacoma may be randomly assigned to a district judge or magistrate
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judge in Seattle or Tacoma. Cases properly filed in Seattle may be randomly assigned to a district
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judge or magistrate judge in Seattle or Tacoma. Cases assigned to a U.S. District Judge upon
Second Amended Order Re: Consent and Referral to Magistrate Judges - 1
filing will not be referred to a U.S. Magistrate Judge. The Chief Judge may direct the
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2 reassignment of cases as needed to assure a more equitable distribution.
3 The United States has already indicated its “general” consent to magistrate judge
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jurisdiction in cases of this nature, subject to reserved rights to withdraw the consent in a given
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case and to withdraw the general consent. If plaintiff timely consents, and if the United States
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does not timely withdraw consent, the case shall be deemed assigned to the magistrate judge
8 without the necessity of an Order of Reference. If the plaintiff declines to consent or if the United
9 States timely withdraws its consent, the clerk shall reassign the case to a U.S. District Judge.
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That assignment shall be made in accordance with the General Order on Division of Court
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Business. Even in that event, however, the case shall be deemed referred, without further order,
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13 to the same magistrate judge for preliminary proceedings, and for the preparation of a Report &
14 Recommendation.
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All Social Security cases initially assigned to a magistrate judge pursuant to this General
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order are deemed referred pursuant to 28 U.S.C. §636 unless or until such time as the parties
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have filed a consent pursuant to 28 U.S.C. §636(c).
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19 3. Prisoner Cases. This section applies to cases filed by persons in state or federal
20 custody, or on their behalf, either challenging a conviction or sentence, pursuant to 28 U.S.C. §
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2254 or 28 U.S.C. § 2255, or challenging conditions of confinement or asserting other claims,
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pursuant to 28 U.S.C. § 1983, or other federal civil rights causes of action.
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The clerk shall directly assign cases filed pursuant to 28 U.S.C. § 2255 to the district
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25 judge who imposed the sentence.
26 The clerk shall assign all other prisoner cases, upon filing, both to a U.S. District Judge
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and to a U.S. Magistrate Judge. Both judges shall be randomly selected from the judges in the
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Second Amended Order Re: Consent and Referral to Magistrate Judges - 2
division in which the case is properly filed. The clerk shall promptly advise the parties of the
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2 identity of the designated district judge and magistrate judge. The designated magistrate judge
3 will handle non-dispositive matters, and submit a Report & Recommendation on dispositive
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matters. All prisoner cases, except those filed under 28 U.S.C. § 2255, are deemed referred
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pursuant to 28 U.S.C. § 636.
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4. Other Civil Cases. This section relates to all civil cases filed in this court with the
8 following exceptions: Social Security cases and Prisoner cases as described above, cases seeking
9 immediate injunctive relief, and bankruptcy cases involving appeals from orders by Bankruptcy
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Judges or Petitions for Withdrawal of Reference.
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The clerk shall randomly assign up to five cases per month, upon filing, to each magistrate
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13 judge. The cases assigned to magistrate judges shall, insofar as possible, involve levels of
14 complexity similar to the court’s overall caseload. These cases are not to be assigned initially to
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a district judge and shall be assigned among the magistrate judges in the city where the cases are
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properly filed.
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Promptly upon filing of a case which is assigned to a magistrate judge, the clerk shall (a)
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19 advise the parties of the identity of the magistrate judge; (b) advise the parties of their right to
20 withdraw consent to assignment of the case to the magistrate judge and request reassignment
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pursuant to 28 U.S.C. §636(c); (c) provide a basic fact sheet, in a form approved by the court,
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concerning consent references to magistrate judges; (d) provide the parties appropriate consent
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forms for their consideration, and advise them that the form must be received by the clerk by the
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25 date designated on the consent form or they will have been deemed to have consented to
26 magistrate judge jurisdiction; and (e) advise the parties that, upon receipt of a request for
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Second Amended Order Re: Consent and Referral to Magistrate Judges - 3
reassignment, the case will be assigned to a district judge, randomly selected from the district
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2 judges in the city where the case is properly filed.
3 If no party withdraws consent to the jurisdiction of a magistrate judge, the case shall be
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deemed assigned to the designated magistrate judge, pursuant to 28 U.S.C. §636(c), without the
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necessity of any Order of Reference.
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In all cases initially assigned to a district judge (i.e., not to a magistrate judge), the parties
8 shall nevertheless be afforded an opportunity to consent to the magistrate judge specifically
9 identified in the request for a Joint Status Report. In such cases, the court may direct the parties
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to indicate, in a Joint Status Report, whether they consent to magistrate judge jurisdiction. If it
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is a case where no Joint Status Report is required, the court, or the clerk, shall otherwise notify
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13 the parties as to the opportunity to consent to a designated magistrate judge. If the parties consent,
14 the district judge may refer the case to the specifically designated magistrate judge. This same
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procedure shall also be utilized in those cases initially assigned to a magistrate judge and
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subsequently reassigned to a district judge. If the parties later consent in such a case, the district
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judge may transfer the case to the magistrate judge to whom the case was initially assigned.
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19 5. District Judge May Waive Time Limits. Notwithstanding the time limits for the
20 filing of executed consent forms, as set forth in this order, a district judge may, in his or her
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discretion, transfer a case at any time to a magistrate judge pursuant to the consent of all parties.
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6. Proceedings In Forma Pauperis. Unless the court otherwise directs, upon filing, the
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clerk shall assign to a magistrate judge all motions and applications to proceed in forma pauperis.
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25 All applications to proceed in forma pauperis are deemed referred pursuant to 28 U.S.C. § 636.
26 Any reference received from a Court of Appeals for the limited purpose of determining whether
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Second Amended Order Re: Consent and Referral to Magistrate Judges - 4
an appellant’s IFP status should continue or whether the appeal is frivolous or taken in bad faith
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2 shall be reviewed by the judge that made the final decision that resulted in the appeal.
3 7. Future Modifications of Procedures. The court reserves the right to modify the
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provisions of this order from time to time, or to rescind the order entirely, as the court determines
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necessary in light of experience. Such modifications might include, but are not limited to, the
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number of “Other Civil Cases” initially assigned to each magistrate judge upon filing. One factor
8 the court will consider is any impact of the civil consent caseload upon the magistrate judges’
9 ability to discharge their other duties on a timely basis.
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8. Effective Date and Dissemination of Order. The order shall apply to cases filed on
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and after January 1, 2015 and until further notice. The clerk shall post a copy on the court’s
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13 website, and shall distribute copies whenever and to whomever the clerk deems appropriate.
14 IT IS SO ORDERED.
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DATED this 10th day of July, 2017.
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A
RICARDO S. MARTINEZ
20 CHIEF UNITED STATES DISTRICT JUDGE
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Second Amended Order Re: Consent and Referral to Magistrate Judges - 5
