(HC) Gutierrez Jr. v. Smith et al

Filing 15

ORDER RELATING CASE signed by Chief District Judge Kimberly J. Mueller on 05/18/2023 REASSIGNING 2:23-cv-00920-DB from Magistrate Judge Barnes to Magistrate Judge Jeremy D. Peterson and to District Judge Kimberly J. Mueller. Henceforth, the caption on documents filed in the reassigned case shall be shown as: 2:23-cv-00920-KJM-JDP. (Rodriguez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS GUTIERREZ, JR,

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Plaintiff,
v.
OAK SMITH, Acting Warden, San
Quentin State Prison, California,
Defendant.

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___________________________________

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No. 2:23-cv-00920-DB

CHRISTOPHER VANNING JOHNSON,
Plaintiff,

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No. 2:23-cv-00712-KJM-JDP

RELATED CASE ORDER

v.
TRENT ALLEN, Warden, Salinas Valley
State Prison, California,
Defendant.

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Examination of the above-captioned actions reveals that they are related within the
meaning of Local Rule 123(a). Here, “both actions involve similar questions of fact and the same
question of law and their assignment to the same Judge or Magistrate Judge is likely to effect a
substantial savings of judicial effort.” Local Rule 123(a)(3). Accordingly, the assignment of
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these matters to the same judge is likely to effect a substantial savings of judicial effort and is

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likely to be convenient for the parties.

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The parties should be aware that relating cases under Rule 123 causes the actions to be

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assigned to the same judge – it does not consolidate the actions. Under Rule 123, related cases

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are generally assigned to the judge and magistrate judge to whom the first filed action was

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assigned.

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As a result, it is hereby ORDERED that CIV 2:23-cv-00920-DB is reassigned from

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Magistrate Judge Barnes to Magistrate Judge Jeremy D. Peterson and assigned to District Judge

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Kimberly J. Mueller. Henceforth, the caption on documents filed in the reassigned case shall be

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shown as: CIV 2:23-cv-00920-KJM-JDP.
It is further ORDERED that the Clerk of the Court make appropriate adjustment in the
assignment of cases to compensate for this reassignment.
IT IS SO ORDERED.
DATED: May 18, 2023.

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