Buchanan v. Santos et al

Filing 61

ORDER REQUIRING Parties to Notify Court Whether a Settlement Conference Would Be Beneficial THIRTY-DAY DEADLINE, signed by Magistrate Judge Gary S. Austin on 5/7/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WHITTIER BUCHANAN,

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Plaintiff,

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1:08-cv-01174-AWI-GSA-PC
ORDER REQUIRING PARTIES TO NOTIFY
COURT WHETHER A SETTLEMENT
CONFERENCE WOULD BE BENEFICIAL

v.
A. SANTOS,

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THIRTY-DAY DEADLINE
Defendant.
/

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I.

BACKGROUND

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Whittier Buchanan (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. This action now proceeds on Plaintiff's original Complaint, filed on

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August 11, 2008, against defendant Correctional Officer A. Santos (“Defendant”), for use of

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excessive force in violation of the Eighth Amendment. (Doc. 1.) This case is scheduled for jury trial

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on September 25, 2012 before District Judge Anthony W. Ishii.

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II.

SETTLEMENT CONFERENCE

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The Court is able to refer cases for mediation before a participating United States Magistrate

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Judge. Settlement conferences are ordinarily held in person at the Court or at a prison in the Eastern

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District of California. Plaintiff and Defendant shall notify the Court whether they believe, in good

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faith, that settlement in this case is a possibility and whether they are interested in having a

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settlement conference scheduled by the Court.1

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The parties may wish to discuss the issue by telephone in determining whether they believe settlement is

feasible.

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Defendant’s counsel shall notify the Court whether there are security concerns that would

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prohibit scheduling a settlement conference. If security concerns exist, counsel shall notify the Court

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whether those concerns can be adequately addressed if Plaintiff is transferred for settlement only and

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then returned to prison for housing.

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III.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that within thirty (30) days from the

date of service of this order, Plaintiff and Defendant shall file a written response to this order.2

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IT IS SO ORDERED.

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Dated:
6i0kij

May 7, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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The issuance of this order does not guarantee referral for settlement, but the Court will make every
reasonable attempt to secure the referral should both parties desire a settlement conference. If the case is referred for
settlement, the case will be stayed by order pending completion of the settlement conference.

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