Thomas v. Lewis et al

Filing 142

ORDER DENYING 138 Motion to Hold Defendant in Contempt signed by Magistrate Judge Erica P. Grosjean on 9/24/2019. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOHNNY C. THOMAS, Plaintiff, 10 v. 11 12 Case No. 1:16-cv-00524-DAD-EPG (PC) ORDER DENYING MOTION TO HOLD DEFENDANT IN CONTEMPT (ECF No. 138) MARK KUO, Defendant. 13 14 Plaintiff, Johnny C. Thomas, is a state prisoner proceeding pro se and in forma pauperis 15 with this civil rights action filed pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff’s 16 motion for an order holding Defendant, Mark Kuo, in contempt. (ECF No. 138.) Plaintiff 17 contends that Defendant did not fully comply with the Court’s order setting settlement 18 conference. 19 The requirements set forth in the order setting settlement conference are intended to 20 facilitate mediation of a case. The settlement judge proceeded with the settlement conference 21 despite any failure of a party to fully comply with that order. The settlement judge acted within 22 her discretion to do so. The Court does not find an order holding Defendant contempt to be 23 warranted here. Accordingly, 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 \\\ 1 1 2 IT IS ORDERED that Plaintiff’s motion for an order holding Defendant in contempt (ECF No. 138) is DENIED. 3 4 5 IT IS SO ORDERED. Dated: September 24, 2019 /s/ UNITED STATES MAGISTRATE JUDGE 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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