Treglia v. Director of California Department of Corrections et al

Filing 92

ORDER signed by Magistrate Judge Kendall J. Newman on 11/7/11 DENYING 89 Motion to be transferred to CSP-Sac.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL TREGLIA, 11 Plaintiff, 12 13 14 vs. DIRECTOR OF CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Defendants. 16 ORDER / 17 18 No. 2: 09-cv-0352 MCE KJN P Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. This action is set for trial on June 4, 2012. 19 On October 4, 2011, plaintiff filed a motion requesting that he be transferred to 20 California State Prison-Sacramento (“CSP-Sac”). Plaintiff is currently housed at Pelican Bay 21 State Prison. Plaintiff alleges that it will be more convenient for him to be housed at CSP-Sac 22 while awaiting the trial. 23 The California Department of Corrections and Rehabilitation (“CDCR”) 24 determines where plaintiff is housed. The court does not have the authority to order CDCR to 25 transfer plaintiff to CSP-Sac on the grounds sought by plaintiff. 26 //// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to be transferred 2 to CSP-Sac (Dkt. No. 89) is denied. 3 DATED: November 7, 2011 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 treg352.tra 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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