York v. Stewart et al

Filing 84

ORDER DENYING Plaintiff's 83 Request for Change of Venue signed by Magistrate Judge Barbara A. McAuliffe on 10/21/2019. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD RAY YORK, 12 Plaintiff, 13 14 15 Case No. 1:15-cv-01828-DAD-BAM (PC) ORDER DENYING PLAINTIFF’S REQUEST FOR CHANGE OF VENUE v. (ECF No. 83) G. GARCIA, et al., Defendants. 16 17 18 19 Plaintiff Reginald Ray York is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s request for change of venue, filed on October 18, 20 2019. (ECF No. 83.) Plaintiff requests that the Court allow him to appear for his video 21 settlement conference at California State Prison, Los Angeles County, where he is currently 22 housed, rather than being transferred to California State Prison, Corcoran for the video settlement 23 conference. Plaintiff asserts that his transfer to California State Prison, Corcoran in order to 24 appear at a video settlement conference serves no purpose except for undue harassment and will 25 cause him to be subjected to being placed in administrative segregation, denied contact visits, 26 denied legal supplies, and a loss of personal property. 27 28 Although Defendants Garcia and Neighbors have not an opportunity to respond to Plaintiff’s request to change venue, the Court finds that a response from Defendants is 1 1 2 unnecessary, and the motion is deemed submitted. Local Rule 230(l). Plaintiff’s motion appears to be based on a misunderstanding about the November 8, 2019 3 settlement conference. Plaintiff will not be appearing at the settlement conference by 4 videoconference. Instead, Plaintiff is being transferred to California State Prison, Corcoran so 5 that he can personally appear at the settlement conference that will be conducted at the prison by 6 Magistrate Judge Stanley A. Boone. Therefore, Plaintiff’s transfer to California State Prison, 7 Corcoran is not for the purpose of unduly harassing Plaintiff. Further, Plaintiff has failed to 8 establish that he will be denied contact visits, denied legal supplies, or that his personal property 9 will be permanently lost or destroyed if he is transferred to California State Prison, Corcoran for 10 11 12 13 14 15 the settlement conference. Accordingly, it is HEREBY ORDERED that Plaintiff’s request for change of venue, (ECF No. 83), is DENIED. IT IS SO ORDERED. Dated: /s/ Barbara October 21, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?