Dury v. Ciufo

Filing 13

ORDER REASSIGNING ACTION to District Court Judge Anthony W. Ishii and Magistrate Judge Barbara A. McAuliffe, signed by District Judge Lawrence J. O'Neill on 06/24/2013. New case number is: 1:13-cv-00595 AWI BAM PC.(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW JAMES DURY,

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1:13-cv-00595-LJO-GSA-PC

Plaintiff,

ORDER REASSIGNING ACTION TO
DISTRICT COURT JUDGE ANTHONY W.
ISHII AND MAGISTRATE JUDGE
BARBARA A. McAULIFFE

vs.
J. CIUFO,

New Case Number:
1:13-cv-00595-AWI-BAM-PC

Defendant.

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Matthew James Dury (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388

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(1971). Plaintiff filed the Complaint commencing this action on April 24, 2013. (Doc. 1.) On

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May 6, 2013, Plaintiff filed the First Amended Complaint. (Doc. 6.)

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The underlying facts and law giving rise to Plaintiff’s Bivens claim in this action are

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largely similar to the facts and law being litigated in case number 1:13-00161-AWI-BAM-PC,

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Matthew James Dury v. J. Ciufo, which was filed at this court on January 30, 2013. (Court

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Record.) Both cases proceed against the same sole defendant, J. Ciufo, and concern allegations

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that Plaintiff has been denied postage stamps at USP-Atwater, where Plaintiff is presently

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incarcerated. In light of the similarities of the two cases, and in the interest of judicial

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economy, the Court finds good cause to assign them to the same judges for resolution.
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Accordingly, IT IS HEREBY ORDERED that:

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Judge Anthony W. Ishii as presiding judge;

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This case is reassigned from District Judge Lawrence J. O’Neill to District

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In place of Magistrate Judge Gary A. Austin, this case is referred to Magistrate

Judge Barbara A. McAuliffe; and

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The new case number for this action shall be 1:13-cv-00595-AWI-BAM-PC,

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and all future pleadings and/or correspondence must be so numbered, and the parties are

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advised that use of an incorrect case number, including initials, may result in a delay of

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documents being processed and correctly distributed and received by the appropriate judicial

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officer.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

June 24, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

b9ed48bb

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