King v. Villegas et al

Filing 44

ORDER re: Plaintiff's Notice of Submission of Confidential Settlement Conference Statement, signed by Magistrate Judge Erica P. Grosjean on 12/19/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY LEE KING,

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Plaintiff,

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v.

Case No. 1:17-cv-00676-AWI-EPG (PC)
ORDER RE: PLAINTIFF’S NOTICE OF
SUBMISSION OF CONFIDENTIAL
SETTLEMENT CONFERENCE
STATEMENT

R. VILLEGAS and P. CRUZ,
(ECF NO. 43)

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Defendants.

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Jerry King (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. § 1983.
On December 17, 2018, Plaintiff filed a notice of submission of confidential settlement

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conference statement. (ECF No. 43). Plaintiff states that he submitted his confidential settlement

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conference statement in an envelope marked confidential, but that the Clerk of Court opened the

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envelope, stamped it as received, and sent it back with a habeas corpus petition. Plaintiff asks

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what he is supposed to do now.
It is unclear why the Clerk of Court would return Plaintiff’s confidential settlement

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conference statement to him, with a habeas petition attached. This is not the standard practice

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and the Clerk’s office does not have a record of doing so.

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In any event, the settlement conference statement was not filed, and the Court does not

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have a copy of it. Plaintiff should resubmit the confidential settlement conference statement at

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least seven days prior to the date of the settlement conference.

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Plaintiff should make sure that the document in clearly labeled as a confidential settlement
conference statement with the correct case number.

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IT IS SO ORDERED.
Dated:

December 19, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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