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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,

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Plaintiff,

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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.

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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,

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2019. (ECF No. 83.) Plaintiff requests that the Court allow him to appear for his video

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settlement conference at California State Prison, Los Angeles County, where he is currently

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housed, rather than being transferred to California State Prison, Corcoran for the video settlement

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conference. Plaintiff asserts that his transfer to California State Prison, Corcoran in order to

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appear at a video settlement conference serves no purpose except for undue harassment and will

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cause him to be subjected to being placed in administrative segregation, denied contact visits,

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denied legal supplies, and a loss of personal property.

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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
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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

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settlement conference. Plaintiff will not be appearing at the settlement conference by

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videoconference. Instead, Plaintiff is being transferred to California State Prison, Corcoran so

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that he can personally appear at the settlement conference that will be conducted at the prison by

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Magistrate Judge Stanley A. Boone. Therefore, Plaintiff’s transfer to California State Prison,

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Corcoran is not for the purpose of unduly harassing Plaintiff. Further, Plaintiff has failed to

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establish that he will be denied contact visits, denied legal supplies, or that his personal property

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will be permanently lost or destroyed if he is transferred to California State Prison, Corcoran for

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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

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UNITED STATES MAGISTRATE JUDGE

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