Mitchell v. Beard et al

Filing 67

ORDER GRANTING Defendant's 66 Request to File Dispositional Documents within Thirty Days signed by Magistrate Judge Gary S. Austin on 3/2/2018. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN EDWARD MITCHELL,

12
13
14
15

Plaintiff,
vs.

1:15-cv-01512-GSA-PC
ORDER GRANTING DEFENDANT’S
REQUEST TO FILE DISPOSITIONAL
DOCUMENTS WITHIN THIRTY DAYS
(ECF No. 66.)

J. BEARD, et al.,
Defendants.

16
17

John Edward Mitchell (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18

pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On October 5, 2015,

19

Plaintiff filed the Complaint commencing this action. (ECF No. 1.) This case now proceeds

20

with Plaintiff’s Second Amended Complaint, filed on March 13, 2017, against defendant C/O

21

M. Hunter (“Defendant”), for subjecting Plaintiff to adverse conditions of confinement in

22

violation of the Eighth Amendment (ECF No. 42.)

23

On February 28, 2018, Defendant filed a notice of settlement of this case and a request

24

to file dispositional documents within thirty days. (ECF No. 66.) Defendant requests the court

25

to set a thirty-day deadline for the filing of dispositional documents with the court. Defense

26

counsel asserts that he is in the process of finalizing the settlement with Plaintiff and Plaintiff’s

27

pro bono counsel, and the agreement will need to be signed by various individuals located

28

throughout the State, which will take time to accomplish.
1

1

The court finds good cause to grant Defendant thirty days in which to submit

2

dispositional documents pursuant to the settlement of this case. Accordingly, IT IS HEREBY

3

ORDERED that Defendant is granted thirty days from the date of service of this order in which

4

to file dispositional documents with the court, pursuant to the settlement of this case.

5
6
7
8

IT IS SO ORDERED.
Dated:

March 2, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2