Puckett v. Brandon

Filing 21

ORDER Denying Plaintiff's Motion For Court Order A Settlement Conference (ECF No. 20 ), signed by Magistrate Judge Stanley A. Boone on 1/22/2015. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DURRELL A. PUCKETT, Case No. 1:14-cv-00290-SAB PC ORDER DENYING PLAINTIFF’S MOTION FOR COURT TO ORDER A SETTLEMENT CONFERENCE Plaintiff, 12 13 v. 14 K. BRANDON, 15 (ECF No. 20) Defendant. 16 17 Plaintiff Durrell A. Puckett is appearing pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Currently a findings and recommendations recommending 19 denying Plaintiff’s motion for summary judgment is pending before the district court. (ECF No. 19.) 20 On January 20, 2015, Plaintiff filed a motion for the court to order a settlement conference or, in the 21 alternative, to set a trial in this action. (ECF No. 20.) 22 The Court will set a settlement conference in cases such as this only if both sides believe 23 one will be beneficial. In as much as Defendants have not joined in Plaintiff’s motion, it shall be 24 denied without prejudice. If all parties agree that a settlement conference would be beneficial in 25 this action, the parties may file a joint request for a settlement conference to be set. 26 As to Plaintiff’s alternate request that this action be set for trial, a discovery and 27 scheduling order issued on September 5, 2014, setting dates in this action and the dispositive 28 motion deadline is set for July 16, 2015. The parties are still conducting discovery and trial in 1 1 this action will not be set until the discovery deadline is passed and any dispositive motions are 2 decided. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion, filed January 20, 2015, 3 4 is DENIED. 5 6 IT IS SO ORDERED. 7 Dated: January 22, 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

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