Johnson v. Sisodia, et al.

Filing 52

ORDER denying 45 Motion for Early Settlement signed by Magistrate Judge Stanley A. Boone on 8/27/2015. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ANTHONY JOHNSON,

12

Plaintiff,

13
14

v.
DR. SISODIA, et al.,

15

Defendants.

16

ORDER DENYING PLAINTIFF’S MOTION
FOR EARLY SETTLEMENT
[ECF No. 45]

pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s request for the Court to refer this case to the pro se

19
20

Case No.: 1:12-cv-02044-SAB (PC)

Plaintiff Anthony Johnson is appearing pro se and in forma pauperis in this civil rights action

17
18

)
)
)
)
)
)
)
)
)
)

prisoner settlement conference program. Plaintiff’s request must be denied as premature.

21

The Federal Rules of Civil Procedure authorize settlement discussions at any pretrial

22

conference. Fed. R. Civ. P. 16(c)(I). While federal courts have the authority to require the parties to

23

engage in settlement conferences, they have no authority to coerce settlements. Goss Graphic

24

Systems, Inc. v. DEV Industries, Inc., 267 F.3d 624, 627 (7th Cir. 2001).

25

///

26

///

27

///

28

///
1

Because Defendants filed a motion for summary judgment on the merits of his deliberate

1
2

indifference to a serious medical need on August 14, 2015, Plaintiff’s motion for a settlement

3

conference is premature and is DENIED.

4
5

IT IS SO ORDERED.

6

Dated:

7

August 27, 2015
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2