M. (minor), et al v. Schwarzenegger, et al.

Filing 4

ORDER Relating Cases and Reassigning Action to United States District Judge Lawrence J. O'Neill and Magistrate Judge Stanley A. Boone; ORDERED to Relate Cases 1:13-cv-1055 LJO-SAB and 1:14-cv-60 LJO-SAB to this case; New case number is 1:15-cv-01709 LJO-SAB, signed by Magistrate Judge Erica P. Grosjean on 11/12/2015. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 C.M., by and through her Guardian ad Case No. 1:15-cv-01709---EPG Litem, Helen Cervantes,individually, and as successor-in-interest to RAMON New Case No. 1:15-cv-01709-LJO-SAB TALAMANTEZ MENDOZA, et al., ORDER RELATING CASES AND Plaintiffs, REASSIGNING ACTION TO UNITED STATES DISTRICT JUDGE LAWRENCE J. O’NEILL v. AND MAGISTRATE JUDGE STANELY A. BOONE ARNOLD SCHWARZENEGGER, et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 On November 9, 2015, Plaintiff filed this action alleging deliberate indifference in violation of the Eighth Amendment and racial discrimination in violation of the Fourteenth Amendment. (ECF No. 1.) The complaint generally alleges that the defendants were deliberately indifferent by housing Ramon Talamantez Mendoza at Pleasant Valley State Prison due to the prevalence of Valley Fever in the area. A series of similar actions have been related and consolidated. A review of this action reveals that it is related under Local Rule 123 to the actions entitled Jackson, et al. v. State of California, et al., 1:13-cv-01055-LJO-SAB; and Smith, et al. v. Schwarzeneggar, et al., 1:14-cv00060-LJO-SAB. The actions are based on the same underlying facts and involve overlapping questions of law and fact. 28 1 1 2 Accordingly, IT IS HEREBY ORDERED that: 1. 3 4 and 1:14-cv-00060-LJO-SAB; 2. 5 6 The Office of the Clerk shall relate this case with cases 1:13-cv-01055-LJO-SAB This case shall be assigned to the docket of District Judge Lawrence J. O’Neill and Magistrate Judge Stanely A. Boone; 3. The new case number shall be: 7 1:15-cv-01709-LJO-SAB 8 and all future pleadings and/or correspondence must be so numbered. The parties 9 are advised that use of an incorrect case number, including initials, may result in a 10 delay of documents being processed and copies thereof being correctly distributed 11 and received by the appropriate judicial officer. 12 13 IT IS SO ORDERED. 14 15 Dated: November 12, 2015 /s/ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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