Nguyen v. Biter et al

Filing 101

ORDER DENYING Plaintiff's 98 Motion for a Settlement Conference signed by Magistrate Judge Sheila K. Oberto on 3/11/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY NGUYEN,

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Plaintiff,

Case No. 1:11-cv-00809-AWI-SKO (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR A SETTLEMENT CONFERENCE

v.

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(Doc. 98)
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M. D. BITER,

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Defendant.
_____________________________________/

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Plaintiff Anthony Nguyen, a state prisoner proceeding pro se and in forma pauperis, filed

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17 this civil rights action pursuant to 42 U.S.C. § 1983 on May 18, 2011. This action is proceeding
18 against Defendant Biter for violation of the Eighth Amendment of the United States Constitution.
On January 31, 2014, Plaintiff filed a motion seeking a settlement conference in this

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20 matter.

This case is exempted from the mandatory scheduling order requirement, which

21 encompasses settlement conferences, and the Court will set a settlement conference only if both
22 parties believe one would be beneficial. Local Rules 240(c)(8), 270. Given the absence of any
23 indication that Defendant is agreeable to participating in a settlement conference, Plaintiff’s
24 motion is HEREBY DENIED.
IT IS SO ORDERED.
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Dated:

March 11, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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