Baker v. Gipson et al

Filing 79

ORDER denying 69 Motion to Effectuate Settlement signed by Magistrate Judge Michael J. Seng on 8/16/2016. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT G. BAKER 12 13 14 Plaintiff, CASE NO. 1:13-cv-01931-MJS (PC) ORDER DENYING MOTION EFFECTUATE SETTLEMENT TO v. (ECF No. 69) CONNIE GIPSON, et al., 15 Defendants. 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 19 rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 7 & 10.) The action 20 proceeds against Defendant Kitt on Plaintiff’s Eighth Amendment inadequate medical 21 care claim. (ECF No. 11.) The matter is set for a settlement conference before 22 Magistrate Judge Stanley A. Boone on August 22, 2016 at 11:00 a.m. 23 Before the Court is Plaintiff’s August 1, 2016 motion to effectuate the parties’ 24 settlement agreement. (ECF No. 69.) Defendant filed an opposition. (ECF No. 70.) 25 Plaintiff filed no reply. The matter is submitted. Local Rule 230(l). 26 The documents attached to Plaintiff’s motion reflect that the parties are engaged 27 in settlement negotiations. They do not reflect that the parties have reached an 28 agreement. 1 1 2 There being no competent evidence that a settlement agreement has been reached, Plaintiff’s motion to effectuate a settlement agreement is HEREBY DENIED. 3 4 5 IT IS SO ORDERED. Dated: August 16, 2016 /s/ 6 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 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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