Juarez, et al v. Alameda, et al

Filing 134

ORDER signed by Magistrate Judge Gary S. Austin on 1/9/2009, STRIKING 133 Motion for Clarification AS DUPLICATIVE; 129 Motion for Clarification DEEMED ADDRESSED. (Jessen, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Manuel Juarez ("Plaintiff") is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter is set for a settlement 17 conference before the Honorable Nandor J. Vadas on January 20, 2009, at California State Prison18 Solano. 19 On December 29, 2008, Plaintiff filed a motion seeking clarification on the contents of the 20 settlement conference statement he was ordered to mail to Judge Vadas on or before January 6, 2009. 21 Plaintiff also expresses concern he is scheduled for transfer from High Desert State Prison in 22 Susanville to R. J. Donovan Correctional Facility in San Diego. On January 8, 2009, the Court 23 received a second, identical motion, which shall be stricken from the record as duplicative. 24 Plaintiff needs to send a letter to Judge Vadas merely explaining under what terms he is 25 willing to settle this case. 26 With respect to Plaintiff's housing, the Court cannot intervene in the California Department 27 of Corrections and Rehabilitation's decision whether or not to transfer Plaintiff. However, regardless 28 1 v. ALAMEDA, et al., Defendants. (Doc. 129) / MANUEL JUAREZ, Plaintiff, CASE NO. 1:04-cv-05668-LJO-GSA PC ORDER STRIKING DUPLICATIVE MOTION (Doc. 133) ORDER ADDRESSING MOTION FOR CLARIFICATION

UNITED STATES DISTRICT COURT

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of where Plaintiff is housed, he will be transported for the settlement conference at CSP-Solano pursuant to the transportation writ issued on January 5, 2009. As explained herein, Plaintiff's duplicative motion, filed January 8, 2009, is HEREBY STRICKEN from the record, and Plaintiff's motion for clarification, filed December 29, 2008, is DEEMED ADDRESSED.

IT IS SO ORDERED. Dated: 6i0kij

January 9, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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