(PC) Johnson v. Dovey et al

Filing 169

ORDER denying 158 Motion to require defendants to participate in settlement signed by Magistrate Judge Dennis L. Beck on 4/16/2012. (Lundstrom, T)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 GARRISON S. JOHNSON, 8 Plaintiff, 9 10 CASE NO. 1:08-cv-00640-LJO-DLB PC ORDER DENYING PLAINTIFF’S MOTION TO REQUIRE DEFENDANTS TO PARTICIPATE IN SETTLEMENT v. A. DUNNAHOE, et al., 11 (DOC. 158) Defendants. / 12 13 Plaintiff Garrison S. Johnson (“Plaintiff”) is a prisoner in the custody of the California 14 Department of Corrections and Rehabilitation, proceeding pro se and in forma pauperis in this 15 civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants 16 Dunnahoe, V. Ybarra, Cunningham, Medrano, Holguin, Valasquez, G. Ybarra, Curliss, J. 17 Gonzales, and K. Powell on claims of excessive force, inhumane conditions of confinement, 18 retaliation, and state law claims. 19 Pending before the Court is Plaintiff’s motion to require Defendants to participate in 20 settlement proceedings before District Judge David O. Carter of the Southern District of 21 California, filed January 30, 2012. Pl.’s Mot., Doc. 158. Plaintiff contends that Judge Carter had 22 been appointed to settle a similar case involving Plaintiff. Id. 23 Defendants have not indicated any intent of their willingness to enter settlement 24 discussions. Absent such showing, court-ordered settlement conferences are unnecessary. 25 Accordingly, it is HEREBY ORDERED that Plaintiff’s motion, filed January 30, 2012, is denied. 26 IT IS SO ORDERED. 27 Dated: 3b142a April 16, 2012 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 28 1

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