Ackley v. Carroll et al

Filing 73

ORDER DENYING 69 and 70 Motion for Separate Trials and Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 10/24/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONALD J. ACKLEY,

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CASE NO. 1:06-cv-00771-AWI-BAM PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION FOR
SEPARATE TRIALS AND SETTLEMENT
CONFERENCE

v.
D. CARROLL, et al.,

(ECF Nos. 69, 70)
Defendants.
/

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Plaintiff Donald J. Ackley (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 28, 2011, orders

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issued denying Plaintiff’s motion for separate trial and informing the parties that no settlement

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conference would be scheduled because Defendants believe settlement is unlikely and are not

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interested in participating in settlement negotiations. (ECF Nos. 64, 66.) On September 21, 2011,

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Plaintiff filed a response to the settlement order requesting that a settlement conference be scheduled

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and a motion for separate trials. (ECF Nos. 69, 70.)

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The request for a settlement conference and motion for separate trials are construed to be a

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motion for reconsideration, and as such they are without merit. Federal Rule of Civil Procedure

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60(b) governs the reconsideration of final orders of the district court. The Rule permits a district

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court to relieve a party from a final order or judgment on grounds of: “(1) mistake, inadvertence,

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surprise, or excusable neglect; (3) fraud . . . of an adverse party, . . . or (6) any other reason justifying

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relief from the operation of the judgment.” Fed. R. Civ. P. 60(b). Plaintiff’s opposition is devoid

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of any ground entitling Plaintiff to reconsideration of the Court’s order.
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Accordingly, Plaintiff’s request for a settlement conference and motion for separate trials,
filed October 21, 2011, is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:
1c20kb

October 24, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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