Shetty v. Alphabet Yahoo Google et al
Filing
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ORDER by Judge Saundra Brown Armstrong denying 13 Motion to Request Change of Judge. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 3/28/2017)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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SHRUTI SHETTY,
Case No: C 17-00589 SBA
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Plaintiff,
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vs.
ORDER DENYING PLAINTIFF’S
MOTION TO REQUEST CHANGE
OF JUDGE
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ALPHABET, et al.,
Dkt. 13
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Defendants.
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Plaintiff Shruti Shetty (“Plaintiff”), proceeding pro se and in forma pauperis (“IFP”),
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has filed a Motion to Request Change of Judge to Expedite Case Given Perversion of
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Justice. Dkt. 13. Although the motion is generally incoherent, it appears to make two
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requests: (1) reassignment of another case—No. 16-CV-06012—that Plaintiff has pending
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before Judge Haywood Gilliam, Jr.; and (2) transfer of both this case and the case before
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Judge Gilliam to a court in San Francisco.
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The Court notes that Plaintiff has already made, and the Court has already denied, a
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request to transfer the instant action to San Francisco. See Mot. to Transfer Case to SF,
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Dkt. 11; Order Denying Pl.’s Request, Dkt. 12.
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Regarding Plaintiff’s request to reassign the case pending before Judge Gilliam
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and/or to transfer that case to San Francisco, this Court has no authority to reassign or
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transfer a case pending before another district judge. See generally In re McBryde, 117
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F.3d 208, 225 n.11 (5th Cir. 1997) (“[T]he structure of the federal courts does not allow one
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judge of a district court to rule directly on the legality of another district judge’s judicial
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acts or to deny another district judge his or her lawful jurisdiction.”) (quoting Dhalliun v.
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McKibben, 682 F. Supp. 1096 (D. Nev. 1988)).
Additionally, the Court notes that cases in this district are assigned blindly and at
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random by the Clerk of the Court. General Order No. 44; 28 U.S.C. § 137 (“The business
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of a court having more than one judge shall be divided among the judges as provided by the
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rules and orders of the court.”). Absent recusal or some other inability to serve on the part
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of the assigned judge, reassignment is not authorized.
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Accordingly, Plaintiff’s motion is DENIED.
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IT IS SO ORDERED.
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Dated: 3/28/17
______________________________
SAUNDRA BROWN ARMSTRONG
Senior United States District Judge
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