Payan v. Tate et al

Filing 40

ORDER Requiring Defendants to Respond to Plaintiff's Motion for Settlement Conference 39 , signed by Magistrate Judge Dennis L. Beck on 11/14/14. 14-Day Deadline. (Verduzco, M)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11

MICHAEL J. PAYAN,

12

Plaintiff,

13
14

vs.
H. TATE, et al.,

15

Defendants.

)
)
)
)
)
)
)
)
)
)

1:13cv00807 LJO DLB PC
ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S MOTION FOR
SETTLMENT CONFERENCE
(Document 39)

16

Plaintiff Michael J. Payan (“Plaintiff”), a state prisoner proceeding pro se and in forma

17
18

pauperis, filed this civil rights action on May 28, 2013. This action is proceeding on the

19

following cognizable claims: (1) retaliation in violation of the First Amendment by Defendants

20
21

Bingamon, Tate and Vu; and (2) deliberate indifference to a serious medical need in violation of
the Eighth Amendment against Defendants Bingamon, Tate, Vu, Sheisha and Joaquin.

22

Findings and Recommendations that Defendants’ motion to dismiss the Eighth

23

Amendment claim pursuant to Federal Rule of Civil Procedure 12(b)(6) are pending.
24
25
26
27
28

///
///
///
///
1

1
2
3

On November 12, 2014, Plaintiff filed a motion for a settlement conference. The Court
ORDERS Defendants to respond to the request within fourteen (14) days by informing the Court
whether they believe a settlement conference would be beneficial.

4
5

IT IS SO ORDERED.

6
7

Dated:

/s/ Dennis

November 14, 2014

L. Beck

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