Allen v. California Department of Corrections and Rehabilitation et al

Filing 26

ORDER Referring Pending 21 Motion to Dismiss to Magistrate Judge Gary S. Austin, signed by Chief Judge Anthony W. Ishii on 11/12/2009. (Martin, S)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff has filed a wrongful death action concerning her son Carl Smith who died while in the custody of the California Department of Corrections and Rehabilitation. Plaintiff alleges both violations of civil rights pursuant to 42 U.S.C. § 1983 and state law. Defendants have filed a motion to dismiss. The court finds that the pending motion should be referred to Magistrate Judge Gary Austin pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302 for the entry for Findings and Recommendations. Accordingly, it is HEREBY ORDERED that the pending motion to dismiss is REFERRED to Magistrate Judge Gary Austin. The parties are advised that the motion may be re-set for oral argument at Magistrate Judge Austin's discretion. IT IS SO ORDERED. Dated: 0m8i78 November 12, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE ) ) Plaintiff, ) v. ) ) CALIFORNIA DEPARTMENT OF ) CORRECTIONS, et al., ) ) Defendants. ) ____________________________________) JUANITA ALLEN, 1:09-CV-0767 AWI GSA ORDER REFERRING PENDING MOTION TO DISMISS TO MAGISTRATE JUDGE GARY S. AUSTIN IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA