York v. Stewart et al
ORDER DENYING Plaintiff's 83 Request for Change of Venue signed by Magistrate Judge Barbara A. McAuliffe on 10/21/2019. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
REGINALD RAY YORK,
Case No. 1:15-cv-01828-DAD-BAM (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR CHANGE OF VENUE
(ECF No. 83)
G. GARCIA, et al.,
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,
2019. (ECF No. 83.) Plaintiff requests that the Court allow him to appear for his video
settlement conference at California State Prison, Los Angeles County, where he is currently
housed, rather than being transferred to California State Prison, Corcoran for the video settlement
conference. Plaintiff asserts that his transfer to California State Prison, Corcoran in order to
appear at a video settlement conference serves no purpose except for undue harassment and will
cause him to be subjected to being placed in administrative segregation, denied contact visits,
denied legal supplies, and a loss of personal property.
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
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
settlement conference. Plaintiff will not be appearing at the settlement conference by
videoconference. Instead, Plaintiff is being transferred to California State Prison, Corcoran so
that he can personally appear at the settlement conference that will be conducted at the prison by
Magistrate Judge Stanley A. Boone. Therefore, Plaintiff’s transfer to California State Prison,
Corcoran is not for the purpose of unduly harassing Plaintiff. Further, Plaintiff has failed to
establish that he will be denied contact visits, denied legal supplies, or that his personal property
will be permanently lost or destroyed if he is transferred to California State Prison, Corcoran for
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.
October 21, 2019
UNITED STATES MAGISTRATE JUDGE
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