Harris v. Sexton, et al.

Filing 98

ORDER signed by Chief District Judge Kimberly J. Mueller on 8/8/2022 ORDERING that within fourteen (14) days from the date of this order counsel for defendants shall file a statement explaining what, if any, impact the settlement reached in the Lipsey complaint-in-intervention in Coleman, has on this action.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EARNEST S. HARRIS,

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Plaintiff,

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v.

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SEXTON, et al.,

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No. 1:18-cv-0080 KJM DB P

ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. Plaintiff alleges defendants’ use of the Guard One welfare check system

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(“Guard One”) violated his rights under the Eighth Amendment. The matter was referred to a

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United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 31, 2022, the magistrate judge filed findings and recommendations, which were

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served on plaintiff and which contained notice to plaintiff that any objections to the findings and

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recommendations were to be filed within thirty days. Plaintiff has filed objections to the findings

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and recommendations. The findings and recommendations are pending before this court.

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In the meantime, on August 2, 2022, this court approved a settlement agreement reached

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in a claim-in-intervention filed in Coleman v. Newsom, Case No. 2:90-cv-0520 KJM DB by

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plaintiff-intervenor Christopher Lipsey concerning use of Guard One. Coleman v. Newsom, Case

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No. 90-0520 KJM DB, ECF No. 7597. A copy of the settlement agreement and the stipulation
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and order thereon is attached to this order. Good cause appearing, IT IS HEREBY ORDERED

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that within fourteen (14) days from the date of this order counsel for defendants shall file a

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statement explaining what, if any, impact the settlement reached in the Lipsey complaint-in-

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intervention in Coleman, has on this action.

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DATED: August 8, 2022.

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