Davis v. State of California et al

Filing 29

ORDER LIFTING STAY of Proceedings; ORDER VACATING October 8, 2019 Settlement Conference 25 , signed by Magistrate Judge Barbara A. McAuliffe on 8/8/2019. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME MARKIEL DAVIS,

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Plaintiff,
v.

Case No. 1:18-cv-00832-DAD-BAM (PC)
ORDER LIFTING STAY OF PROCEEDINGS
ORDER VACATING OCTOBER 8, 2019
SETTLEMENT CONFERENCE

STATE OF CALIFORNIA, et al.,
(ECF No. 25)

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Defendants.

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Plaintiff Jerome Markiel Davis (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s complaint against Defendant Roberts in her individual capacity for deliberate

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indifference in violation of the Eighth Amendment, arising from the alleged incident of food

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tampering.

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On July 10, 2019, the Court identified this case as an appropriate case for the post-

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screening ADR (Alternative Dispute Resolution) project, and stayed the action to allow the

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parties an opportunity to settle their dispute before the discovery process begins. (ECF No. 25.)

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The Court’s order granted Defendant time to investigate and determine whether to opt out of the

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post-screening ADR project.

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On August 7, 2019, Defendant filed a notice of opt-out and request to vacate settlement
conference. (ECF No. 28.) After reviewing the request, the Court finds good cause to grant
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Defendant’s request. Therefore, the stay is lifted, and the October 8, 2019, settlement conference

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is vacated. This case is now ready to proceed.

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Accordingly, IT IS HEREBY ORDERED that:

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The stay of this action, (ECF No. 25), is LIFTED;

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2.

The October 8, 2019, settlement conference is vacated; and

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3.

The parties may proceed with discovery pursuant to the discovery and scheduling

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order to be issued by separate order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 8, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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