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UNITED STATES DISTRICT COURT
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WESTERN DISTRICT OF WASHINGTON
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11 IN RE: CONSENT AND REFERRALS TO GENERAL ORDER 12-24
MAGISTRATE JUDGES PURSUANT TO MODIFYING GENERAL ORDER
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28 U.S.C. §636
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16 This General Order modifies the Court’s General Order No. 11-22, issued on September
17 28, 2022 and is being issued to modify certain language contained therein. Pursuant to Section 7
18 of Amended General Order 11-22, the Court reserved the right to modify the provisions of its
19 order as the Court deemed appropriate. Accordingly, the Court modifies Section 3 of General
20 Order 11-22 to amend the following language: “This section applies to cases . . . challenging
21 conditions of confinement or asserting other claims, pursuant to 28 U.S.C. § 1983, or other
22 federal civil rights causes of action.” The relevant section shall now read “[t]his section applies
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1 to cases . . . challenging conditions of confinement or asserting other claims, pursuant to 42
2 U.S.C. § 1983, or other federal civil rights causes of action.”
3 Pursuant to the agreement of all District Judges of this Court, Amended General Order
4 No. 02-19 dated April 5, 2019, In Re: Consent and Referrals to Magistrate Judges pursuant to 28
5 U.S.C. §636, is ORDERED amended as follows:
6 1. General Objectives. It is the intent of the Court to facilitate the assignment of
7 civil cases, pursuant to 28 U.S.C. §636, to the Court’s Magistrate Judges. The public, the parties
8 to civil litigation, and the Court are well served by assignment to magistrate judges of all
9 appropriate cases.
10 2. Social Security Cases. The Clerk shall randomly assign to a Magistrate Judge,
11 upon filing, cases in which plaintiff seeks review, under 42 U.S.C. §405(g), of the decision of the
12 Commissioner of Social Security.
13 The United States has already indicated its “general” consent to Magistrate Judge
14 jurisdiction in cases of this nature, subject to reserved rights to withdraw the consent in a given
15 case and to withdraw the general consent. If plaintiff timely consents, and if the United States
16 does not timely withdraw consent, the case shall remain assigned to the Magistrate Judge under
17 28 U.S.C. §636(c). If the plaintiff declines to consent or if the United States timely withdraws its
18 consent, the Clerk shall reassign the case to a District Judge. The Chief Judge may direct the
19 referral of such cases to Magistrate Judges as needed by the Court.
20 3. Prisoner Cases. This section applies to cases filed by persons in state or federal
21 custody, or on their behalf, either challenging a conviction or sentence, pursuant to 28 U.S.C. §
22 2254 or 28 U.S.C. § 2255, or challenging conditions of confinement or asserting other claims,
23 pursuant to 42 U.S.C. § 1983, or other federal civil rights causes of action.
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GENERAL ORDER 12-24 MODIFYING GENERAL ORDER 11-22 - 2
1 The Clerk shall directly assign cases filed pursuant to 28 U.S.C. § 2255 to the District
2 Judge who imposed the sentence.
3 The Clerk shall assign all other prisoner cases, upon filing, both to a District Judge and to
4 a Magistrate Judge. Both judges shall be randomly selected from the judges in the division in
5 which the case is properly filed. The Clerk shall promptly advise the parties of the identity of the
6 designated District Judge and Magistrate Judge. The designated Magistrate Judge will handle
7 non-dispositive matters and submit a Report & Recommendation on dispositive matters. All
8 prisoner cases, except those filed under 28 U.S.C. § 2255, are deemed referred pursuant to 28
9 U.S.C. § 636.
10 4. Other Civil Cases. This section relates to all civil cases filed in this Court with
11 the following exceptions: Social Security cases and Prisoner cases as described above, cases
12 seeking immediate injunctive relief, and bankruptcy cases involving appeals from orders by
13 Bankruptcy Judges or Petitions for Withdrawal of Reference.
14 The Clerk shall randomly assign some of these cases, upon filing, to the Magistrate
15 Judges. The Clerk shall (a) advise the parties that consent to the assigned Magistrate Judge is
16 voluntary, consent may be declined and that a request for reassignment may be made; (b) provide
17 the parties with a Notice of Assignment to a U.S. Magistrate Judge and Declination of Consent
18 Form, and advise them the form must be received by the Clerk by the date designated in the form
19 should they choose to decline consent; and (c) advise the parties that, upon receipt of a request
20 for reassignment, the case will be assigned to a District Judge, randomly selected from the
21 District Judges in the division where the case is properly filed. By this order, all matters, that
22 arise prior to the deadline by which consent must be declined, are deemed referred to the
23 Magistrate Judge under 28 U.S.C. § 636(b).
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GENERAL ORDER 12-24 MODIFYING GENERAL ORDER 11-22 - 3
1 If the Notice of Assignment to a U.S. Magistrate Judge and Declination of Consent
2 Form is not returned by the date designated in the form, each party is deemed to have
3 knowingly and voluntarily consented to proceed before the assigned Magistrate Judge
4 under 28 U.S.C. § 636(c).
5 If a party declines consent, the identity of the party declining consent will not be
6 communicated to any judge.
7 In all cases initially assigned to a District Judge the parties shall nevertheless be afforded
8 an opportunity to consent to having the case heard by a Magistrate Judge specifically identified
9 in the request for a Joint Status Report. In such cases, the Court may direct the parties to
10 indicate, in a Joint Status Report, whether they consent to Magistrate Judge jurisdiction. If it is a
11 case where no Joint Status Report is required, the Court, or the Clerk, shall otherwise notify the
12 parties as to the opportunity to consent to a designated Magistrate Judge and provide the parties
13 appropriate consent forms. If the parties consent, the Clerk shall reassign the case to the
14 Magistrate Judge as set forth under 28 U.S.C. § 636(b). This same procedure shall also be
15 utilized in those cases initially assigned to a Magistrate Judge and subsequently reassigned to a
16 District Judge. If the parties later consent in such a case, the Clerk shall reassign the case to the
17 Magistrate Judge to whom the case was initially assigned.
18 5. District Judge May Waive Time Limits. Notwithstanding the time limit for the
19 filing of an executed consent form a District Judge may, in his or her discretion, transfer a case at
20 any time to a Magistrate Judge pursuant to the consent of all parties.
21 6. Proceedings In Forma Pauperis. Unless the Court otherwise directs, upon
22 filing, the Clerk shall assign to a Magistrate Judge all motions and applications to proceed in
23 forma pauperis. All applications to proceed in forma pauperis are deemed referred pursuant to
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GENERAL ORDER 12-24 MODIFYING GENERAL ORDER 11-22 - 4
1 28 U.S.C. § 636. Any reference received from a Court of Appeals for the limited purpose of
2 determining whether an appellant’s IFP status should continue or whether the appeal is frivolous
3 or taken in bad faith shall be reviewed by the judge that made the final decision that resulted in
4 the appeal.
5 7. Future Modifications of Procedures. The Court reserves the right to modify the
6 provisions of this Order or to rescind the Order entirely as the Court determines appropriate.
7 One factor the Court will consider is any impact of the civil consent caseload upon the
8 Magistrate Judge’s ability to discharge their other duties on a timely basis.
9 8. Dissemination of Order. The Clerk shall post a copy of this Amended Order on
10 the Court’s website and shall distribute copies whenever and to whomever the Clerk deems
11 appropriate.
12 IT IS SO ORDERED.
13 Dated this 8th day of October, 2024.
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David G. Estudillo
16 Chief United States District Judge
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GENERAL ORDER 12-24 MODIFYING GENERAL ORDER 11-22 - 5
