Gorrell v. Sneath et al

Filing 8

ORDER CLASSIFYING Case as a Civil Action, signed by Magistrate Judge Jennifer L. Thurston on 4/26/2012. The Clerk of the Court is DIRECTED to reclassify this matter as a civil action. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILSON GORRELL,

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Case No.: 1:12-cv-00554-AWI-JLT
Plaintiff,

ORDER CLASSIFYING CASE AS A CIVIL
ACTION

v.

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THOMAS C. SNEATH, et al.,
Defendants.
______________________________________

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Plaintiff Wilson Gorell (“Plaintiff”) is an inmate currently incarcerated at the Federal

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Satellite Low prison in Jesup, Georgia. (Doc. 3). On March 9, 2012, Plaintiff filed a diversity

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action pursuant to 42 U.S.C. §1331 in propia persona against a California domiciled company,

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National Toxicology Laboratories, Inc. (“NTL”) and two of its employees (collectively referred

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to as “NTL Defendants”). Plaintiff’s complaint alleges several torts including negligent infliction

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of emotional distress, breach of contract, breach of fiduciary duty, and personal injury.

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On April 10, 2012, Plaintiff’s lawsuit against the NTL defendants was transferred from

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the United States District Court for the South District of Georgia, Brunswick Division, to the

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United States District Court for the Eastern District of California. (Doc. 3). The case was

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originally designated as a prisoner case brought pursuant to Bivens v. Six Unknown Named

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Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Upon further review of the case, no
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such allegations are alleged against the NTL Defendants here. Additionally, Plaintiff continues to

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maintain his Bivens action and Habeas case in Georgia. Thus, this case it is not properly

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classified as a prisoner’s civil rights action under Bivens. Instead, it is a civil action subject to

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Local Rule 301 and Fed. R. Civ. P. 73.

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Accordingly, it is HEREBY ORDERED that:

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The Clerk of the Court is DIRECTED to reclassify this matter as a civil action.

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IT IS SO ORDERED.

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Dated:

April 26, 2012

/s/ Jennifer L. Thurston

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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9j7khijed

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