Demerson v. Woodford et al

Filing 158

ORDER Denying 149 Plaintiff's Motion for a Settlement Conference, signed by Magistrate Judge Sheila K. Oberto on 12/6/12. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EDWARD DEMERSON,

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CASE NO. 1:08-cv-00144-LJO-SKO PC

Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR A SETTLEMENT CONFERENCE

v.
(Doc. 149)

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JEANNE S. WOODFORD, et al.,

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Defendants.
/

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Plaintiff Edward Demerson, a state prisoner proceeding pro, filed this civil rights action

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pursuant to 42 U.S.C. § 1983 on January 29, 2008. This action is proceeding on Plaintiff’s second

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amended complaint, filed on June 24, 2009, against Defendants Phillips, Campos, Amaro, Clausing,

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Bardonnex, Munoz, and Cartagina for using excessive physical force against Plaintiff, and against

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Defendants Munoz, Cartagina, Gregory, and Hillard for acting with deliberate indifference toward

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Plaintiff’s resulting injuries, in violation of the Eighth Amendment of the United States Constitution.

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On November 1, 2012, Plaintiff filed a motion seeking a settlement conference. Defendants

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opposed the motion on November 19, 2012.

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The Court will set a settlement conference in cases such as this only if both sides believe one

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will be beneficial. In as much as Defendants do not believe a settlement conference will be

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beneficial, Plaintiff’s motion is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
ie14hj

December 6, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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