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Juan Arce v. Corrections Corp. of American

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 19, 2012

JUAN ARCE, PLAINTIFF,
v.
CORRECTIONS CORP. OF AMERICAN, ET AL., DEFENDANTS.

ORDER

Plaintiff, a California prisoner allegedly incarcerated at some point at the La Palma Correctional Center (LPCC) in Elroy, Arizona filed this civil action through counsel*fn1 in the Sacramento County Superior Court on October 21, 2011. In his complaint plaintiff alleged a claim pursuant to 42 U.S.C. § 1983 as well as state law claims for negligence and infliction of emotional distress based upon his allegations that on October 21, 2010, while incarcerated at LPCC in Arizona, he slipped on a wet floor, fell and was injured while being escorted in handcuffs by correctional officers to the shower and was thereafter refused proper medical care. Plaintiff named as defendants in his complaint Corrections Corporation of America (CCA), the California Department of Corrections, LPCC Correctional Officers Drexler, Padget and Sarmiento, LPCC Dr. Burnett and Does 1-40.

On January 23, 2012, defendant CCA removed the action to this court under 28 U.S.C. § 1441(b).*fn2 On January 30, 2012, defendant CCA filed an answer and demand for jury trial. On March 29, 2012, plaintiff filed an application to proceed in forma pauperis under his own signature, representing at that time that he was incarcerated at California State Prison -Corcoran. On October 9, 2012 , defendant CCA filed a request to transfer this case to the U.S. District Court for the District of Arizona, Phoenix Division.*fn3 No other pleadings have been filed with this court by any party since the removal of this action by defendant CCA.

In light of the confused posture of the case, the court will conduct a telephonic status conference in this matter. At that telephonic status conference counsel shall be prepared to address all matters that may aid in the just and expeditious disposition of this action. Plaintiff's counsel, attorney Moran, shall be prepared to discuss whether he will be moving to withdraw as counsel of record in this action, whether plaintiff wishes to continue to pursue this action despite his lack of prosecution to date, if plaintiff intends to continue to pursue this action the status of service of process as to the other named defendants or his intention to proceed solely against defendant CCA, and plaintiff's position with respect to defendant CCA's request that the matter be transferred to the District of Arizona.

Accordingly, IT IS ORDERED that:

1. A Telephonic Status Conference is set for Friday, January 11, 2013, at 10:00 a.m. at the United States District Court, 501 I Street, Sacramento, California, in Courtroom No. 27 before the undersigned;

2. Counsel are directed to appear at the Telephonic Status by contacting Pete Buzo, the courtroom deputy of the undersigned magistrate judge, at (916) 930-4128 at least 48 hours before the scheduled Status Conference. A land line telephone number must be provided by counsel; and

3. The Clerk of the Court is directed to serve this order on counsel of record for both parties and to also serve the order on plaintiff by mailing it to Juan Arce, CDCR # G32106, California Substance Abuse Treatment Facility and State Prison, P.O. Box 7100, Corcoran, CA 93212.


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