Dury v. Copenhaver

Filing 32

ORDER Denying Plaintiff's 19 Requests to Assign Cases to Judge Lawrence J. O'Neill and to be Placed in Witness Protection signed by Magistrate Judge Gary S. Austin on 04/24/2013. (Flores, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11
12

1:12-cv-01726-LJO-GSA-PC

MATTHEW JAMES DURY,

ORDER DENYING PLAINTIFF’S
REQUESTS TO ASSIGN CASES TO
JUDGE LAWRENCE O’NEILL AND TO BE
PLACED IN WITNESS PROTECTION
(Doc. 19.)

Plaintiff,
vs.

13

PAUL COPENHAVER,

14

Defendant.

15
16
17

Matthew James Dury (“Plaintiff”) is a state prisoner proceeding pro se with this civil

18

rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this

19

action on October 19, 2012. (Doc. 1.)

20

On November 30, 2012, Plaintiff filed a request for the court to assign all of his pending

21

cases to District Judge Lawrence J. O’Neill (Doc. 19.) Plaintiff asserts that he “cannot in any

22

way comply with court orders in different cases that are ordering me to send in the same

23

documents.” Id. Plaintiff also requests “immediate witness protection.” Id.

24

Upon the filing of the complaint, civil actions at this Court are assigned at random to a

25

Judge by means of an Automated Case Assignment System. Local Rule Appendix A(a),(b).

26

With limited exceptions not applicable to this case, “[n]o action, once assigned, shall be

27

reassigned to any other Judge.” Local Rule Appendix A(f). Therefore, Plaintiff’s request for

28

reassignment of his cases must be denied.
1

With respect to Plaintiff’s request for “immediate witness protection,” such relief is not

1
2

available in this §1983 action. Therefore, this request must also be denied.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1.

5

Plaintiff’s request for reassignment of his pending cases to District Judge

Lawrence O’Neill is DENIED; and

6

2.

Plaintiff’s request for “immediate witness protection” is DENIED.

7
8
9
10

IT IS SO ORDERED.
Dated:

11
12
13

April 24, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

6i0kij8d

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2