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Birge v. Schwarzenegger

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Dec 23, 2015
Case No. 1:15-cv-01901-DAD-SKO (E.D. Cal. Dec. 23, 2015)

Opinion

Case No. 1:15-cv-01901-DAD-SKO

12-23-2015

DEREK BIRGE, et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER, et al., Defendants.


New Case No. 1:15-cv-01901-LJO-SAB

ORDER RELATING CASES AND REASSIGNING ACTION TO DISTRICT JUDGE LAWRENCE J. O'NEILL AND MAGISTRATE JUDGE STANLEY A. BOONE

On December 19, 2015, Plaintiff filed this action alleging deliberate indifference in violation of the Eighth Amendment. (Doc. 1.) The complaint generally alleges that the defendants were deliberately indifferent by housing Plaintiff at Pleasant Valley State Prison due to the prevalence of Valley Fever in the area.

A series of similar actions have been related and consolidated. Review of this action reveals that it is related under Local Rule 123 to the actions entitled Bates v. Schwarzenegger, 1:14-cv-02085-LJO-SAB; Altamirano v. Schwarzenegger, 1:15-cv-00607-LJO-SAB; Alaniz v. Schwarzenegger, 1:15-cv-01063-LJO-SAB; Aparicio v. Schwarzenegger, 1:15-cv-01369-LJO-SAB. The actions are based on the same underlying facts and involve overlapping questions of law and fact.

Accordingly, IT IS HEREBY ORDERED that:

1. The Office of the Clerk shall relate this case to Bates v. Schwarzenegger, 1:14-cv-
02085-LJO-SAB; Altamirano v. Schwarzenegger, 1:15-cv-00607-LJO-SAB; Alaniz v. Schwarzenegger, 1:15-cv-01063-LJO-SAB; and Aparicio v. Schwarzenegger, 1:15-cv-01369-LJO-SAB;

2. This case shall be assigned to the docket of District Judge Lawrence J. O'Neill and reassigned to the docket of Magistrate Judge Stanley A. Boone;

3. The new case number shall be:

1:15-cv-01901-LJO-SAB

and all future pleadings and/or correspondence must be so numbered. The parties are advised that use of an incorrect case number, including initials, may result in a delay of documents being processed and copies thereof being correctly distributed and received by the appropriate judicial officer.
IT IS SO ORDERED.

Dated: December 23 , 2015

/s/ Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE


Summaries of

Birge v. Schwarzenegger

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Dec 23, 2015
Case No. 1:15-cv-01901-DAD-SKO (E.D. Cal. Dec. 23, 2015)
Case details for

Birge v. Schwarzenegger

Case Details

Full title:DEREK BIRGE, et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER, et al.…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Dec 23, 2015

Citations

Case No. 1:15-cv-01901-DAD-SKO (E.D. Cal. Dec. 23, 2015)

Citing Cases

Bates v. Schwarzenegger

On December 19, 2015, fourteen plaintiffs filed Birge v. Schwarzenegger, no. 1:15-cv-01901-LJO-SAB (E.D.…