Hernandez v. Smith et al

Filing 50

ORDER DENYING 49 Motion signed by Magistrate Judge Stanley A. Boone on 10/10/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAUL HERNANDEZ,

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Plaintiff,

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Case No. 1:09-cv-00828-AWI-SAB
ORDER DENYING MOTION

v.

ECF NO. 49

R.D. SMITH, et al.,
Defendants.

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Plaintiff Raul Hernandez is appearing pro se and in forma pauperis in this civil rights

18 action pursuant to 42 U.S.C. § 1983.
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On October 9, 2014, Plaintiff filed a “Notice of Motion to Revisit Proposal Conference

20 and Settlement.” (ECF No. 49.) Although unclear, Plaintiff appears to request a settlement
21 conference. Defendants have previously indicated that a settlement conference would not be
22 beneficial at this time in part because they intend to file a motion for summary judgment in the
23 near future.
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Plaintiff is advised that the Court will not set a settlement conference in this action unless

25 all parties jointly request one. Irrespective of Plaintiff’s desire to settle, the Court has no power
26 to force Defendants to settle. Accordingly, the Court will not set a settlement conference unless
27 both parties file a joint request, signed by both Plaintiff and Defendants, requesting a settlement
28 conference.

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Based upon the foregoing, Plaintiff’s October 9, 2014 motion is DENIED (ECF No. 49).

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IT IS SO ORDERED.

4 Dated:

October 10, 2014
UNITED STATES MAGISTRATE JUDGE

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