Shetty v. Alphabet Yahoo Google et al

Filing 15

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 OAKLAND DIVISION 7 8 SHRUTI SHETTY, Case No: C 17-00589 SBA 9 Plaintiff, 10 vs. ORDER DENYING PLAINTIFF’S MOTION TO REQUEST CHANGE OF JUDGE 11 ALPHABET, et al., Dkt. 13 12 Defendants. 13 14 Plaintiff Shruti Shetty (“Plaintiff”), proceeding pro se and in forma pauperis (“IFP”), 15 has filed a Motion to Request Change of Judge to Expedite Case Given Perversion of 16 Justice. Dkt. 13. Although the motion is generally incoherent, it appears to make two 17 requests: (1) reassignment of another case—No. 16-CV-06012—that Plaintiff has pending 18 before Judge Haywood Gilliam, Jr.; and (2) transfer of both this case and the case before 19 Judge Gilliam to a court in San Francisco. 20 The Court notes that Plaintiff has already made, and the Court has already denied, a 21 request to transfer the instant action to San Francisco. See Mot. to Transfer Case to SF, 22 Dkt. 11; Order Denying Pl.’s Request, Dkt. 12. 23 Regarding Plaintiff’s request to reassign the case pending before Judge Gilliam 24 and/or to transfer that case to San Francisco, this Court has no authority to reassign or 25 transfer a case pending before another district judge. See generally In re McBryde, 117 26 F.3d 208, 225 n.11 (5th Cir. 1997) (“[T]he structure of the federal courts does not allow one 27 judge of a district court to rule directly on the legality of another district judge’s judicial 28 acts or to deny another district judge his or her lawful jurisdiction.”) (quoting Dhalliun v. 1 2 McKibben, 682 F. Supp. 1096 (D. Nev. 1988)). Additionally, the Court notes that cases in this district are assigned blindly and at 3 random by the Clerk of the Court. General Order No. 44; 28 U.S.C. § 137 (“The business 4 of a court having more than one judge shall be divided among the judges as provided by the 5 rules and orders of the court.”). Absent recusal or some other inability to serve on the part 6 of the assigned judge, reassignment is not authorized. 7 Accordingly, Plaintiff’s motion is DENIED. 8 IT IS SO ORDERED. 9 Dated: 3/28/17 ______________________________ SAUNDRA BROWN ARMSTRONG Senior United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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