Henderson v. Smith et al

Filing 42

ORDER Denying 41 Motion for a Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 6/10/16. (Verduzco, M)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 CURTIS LEE HENDERSON, ORDER DENYING PLAINTIFF’S REQUEST FOR A SETTLEMENT CONFERENCE Plaintiff, 8 v. 9 10 Case No. 1:13-cv-00287-LJO-SAB-PC DR. SMITH, et al., (ECF NO. 41) Defendants. 11 12 Plaintiff Curtis Lee Henderson is appearing pro se and in forma pauperis in this 13 14 civil rights action pursuant to 42 U.S.C. § 1983. On June 9, 2016, Plaintiff filed a motion, 15 requesting the Court to schedule a settlement conference. (ECF No. 41.) On April 14, 2016, an 16 order was entered, directing service of process of the August 24, 2015, second amended 17 complaint on Defendants Jackson and Smith. (ECF No. 39.) Defendants have not filed an 18 answer, or entered an appearance. Until such time as Defendants have filed a responsive 19 pleading and both parties indicate an interest in a settlement conference, Plaintiff’s request is 20 premature. The Court will entertain such a request early but once all defendants have answered. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for a settlement 21 22 conference is DENIED as premature. 23 24 IT IS SO ORDERED. 25 Dated: June 10, 2016 UNITED STATES MAGISTRATE JUDGE 26 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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