Gorton v. Bick et al

Filing 118

TRANSFER ORDER, signed by Magistrate Judge Dennis L. Beck on 4/11/2011. Case Transferred to Sacramento Division, Before United States Magistrate Judge Dale A. Drozd; The New Case Number is 2:11-cv-0966-DAD (PC) . (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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8 CHARLES ROBERT GORTON,

CASE NO. 1:05-CV-00354-DLB PC

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ORDER TRANSFERRING CASE TO
SACRAMENTO DIVISION BEFORE
UNITED STATES MAGISTRATE JUDGE
DALE A. DROZD PURSUANT TO 28 U.S.C.
§ 1404(B)

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Plaintiff,
v.

11 BICK, et al.,
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Defendants.

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Plaintiff Charles Robert Gorton (“Plaintiff”) is a prisoner in the custody of the California

16 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
17 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding
18 against Defendant Miller for failure to protect in violation of the Eighth Amendment. This
19 matter is ready to proceed to trial.
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In his pretrial statement filed February 25, 2011, Plaintiff moved for a change of venue to

21 the Sacramento Division of the Eastern District of California, citing medical concerns.
22 Defendants provided notice of non-opposition to a change of venue during the telephonic trial
23 confirmation hearing held on April 1, 2011. Both parties consent to United States magistrate
24 judge jurisdiction.
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Change of venue in this instance is governed by 28 U.S.C. § 1404(b), which provides,

26 “Upon motion, consent or stipulation of all parties, any action, suit, or proceeding of a civil
27 nature or any motion or hearing thereof, may be transferred, in the discretion of the court, from
28 the division in which pending to any other division in the same district.”
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The undersigned has consulted with United States Magistrate Judge Dale A. Drozd, who

2 has agreed to try this action. Consistent with the parties’ consent, and after consultation with
3 Magistrate Judge Dale A. Drozd, it is HEREBY ORDERED that this action is transferred to the
4 Sacramento Division of the Eastern District of California. The matter is to be assigned to
5 Magistrate Judge Dale A. Drozd for all subsequent proceedings in this action. The new case
6 number will be assigned after transfer.
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IT IS SO ORDERED.

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Dated:
3b142a

April 11, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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