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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNNY C. THOMAS,
Plaintiff,

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v.

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Case No. 1:16-cv-00524-DAD-EPG (PC)
ORDER DENYING MOTION TO HOLD
DEFENDANT IN CONTEMPT
(ECF No. 138)

MARK KUO,
Defendant.

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Plaintiff, Johnny C. Thomas, is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action filed pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff’s

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motion for an order holding Defendant, Mark Kuo, in contempt. (ECF No. 138.) Plaintiff

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contends that Defendant did not fully comply with the Court’s order setting settlement

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conference.

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The requirements set forth in the order setting settlement conference are intended to

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facilitate mediation of a case. The settlement judge proceeded with the settlement conference

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despite any failure of a party to fully comply with that order. The settlement judge acted within

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her discretion to do so. The Court does not find an order holding Defendant contempt to be

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warranted here. Accordingly,

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IT IS ORDERED that Plaintiff’s motion for an order holding Defendant in contempt
(ECF No. 138) is DENIED.

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IT IS SO ORDERED.
Dated:

September 24, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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