Gifford v. Kampa et al

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 11/20/17 ORDERING thatthe Clerk of Court shall REASSIGN the action to Magistrate Judge Craig M. Kellison in the Redding division of this district for purposes of all appropriate pre-trial proceedings and other magistrate judge duties, and shall appropriately re-designate the case; The action shall remain assigned to Judge Troy L. Nunley as district judge for all other purposes.(Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROGER GIFFORD, 12 13 14 No. 2:17-cv-2421-TLN-KJN PS Plaintiff, v. ORDER PETER KAMPA, et al., 15 16 Defendants. 17 18 19 On November 16, 2017, plaintiff, proceeding without counsel, filed this action in the Sacramento division of this district. (ECF No. 1.) 20 Upon further review of the record, it appears that plaintiff resides in the City of 21 Hornbrook in Siskiyou County, California. Therefore, the proper intra-district venue for this 22 action is the Redding division of this court. See E.D. Cal. L.R. 120 & Appendix A(l). The 23 undersigned will therefore direct that the action be reassigned to Magistrate Judge Craig M. 24 Kellison in the Redding division for purposes of all appropriate pre-trial proceedings and other 25 magistrate judge duties in this case. See E.D. Cal. L.R. 120(f) (“Whenever in any action the 26 Court finds upon its own motion...that the action has not been commenced in the proper court in 27 accordance with this Rule, or for other good cause, the Court may transfer the action to another 28 venue within the District”). However, because all parties have not consented to proceed before a 1 1 magistrate judge for all purposes pursuant to 28 U.S.C. § 636(c), and there is no district judge in 2 the Redding division, the case shall otherwise remain assigned to Judge Troy L. Nunley. 3 For the foregoing reasons, IT IS HEREBY ORDERED that: 4 1. The Clerk of Court shall REASSIGN the action to Magistrate Judge Craig M. 5 Kellison in the Redding division of this district for purposes of all appropriate pre-trial 6 proceedings and other magistrate judge duties, and shall appropriately re-designate the case. 7 2. The action shall remain assigned to Judge Troy L. Nunley as district judge for all 8 other purposes. 9 Dated: November 20, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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