Gonzalez v. Guirbino et al

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:14-cv-335 EFB) to Fresno (1:14-cv-173 SKO) signed by Magistrate Judge Edmund F. Brennan on 2/6/14. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EVERETT GALINDO GONZALEZ,

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No. 2:14-cv-335-EFB P

Plaintiff,

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v.

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C. GUIRBINO,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. ECF No. 2.

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Plaintiff alleges that he has been confined to the Security Housing Unit (“SHU”) at

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Corcoran State Prison for over thirteen years. ECF No. 1 ¶ 31. He claims that his confinement in

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the SHU amounts to cruel and unusual punishment in violation of the Eighth Amendment, and

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infringes upon his right to practice his religion. Id. ¶¶ 31-33, 79-89, 69-78. He also claims he has

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been retained in the SHU without due process. Id. ¶¶ 31-33. He names approximately 22

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individuals as defendants. Id. ¶¶ 8-30.

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Plaintiff refers to his September 12, 2013 appearance in Sacramento before the

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Departmental Review Board (“DRB”), which apparently elected to retain him in the SHU. See

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id. ¶¶ 59-68. Plaintiff claims that during these proceedings, the DRB defendants violated his
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First, Fifth, and Fourteenth Amendment rights. Id. ¶ 62. The bulk of plaintiff’s complaint,

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however, concerns his conditions of confinement in the Corcoran SHU, which is in Kings

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County, California. In addition, most of the defendants appear to be located in Kings County.

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Kings County is in the Fresno Division of the United States District Court for the Eastern

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District of California. For the convenience of the parties and witnesses and in the interest of

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justice, this action will be transferred to the Fresno Division. Where a civil action has not been

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commenced in the proper division of a court, the court may, on its own motion, transfer the action

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to the proper division. E.D. Cal. Local Rule 120(f); see also 28 U.S.C. § 1404(a).

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Accordingly, it is hereby ordered that:

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1. This action is transferred to the Fresno Division.

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2. The Clerk of Court shall assign a new case number.

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3. All future filings shall bear the new case number and shall be filed at:

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United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721
DATED: February 6, 2014.

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