(PC) Henderson v. Castillo et al

Filing 31

ORDER DENYING 30 Plaintiff's Motion for Referral to Alternative Dispute Resolution, signed by Magistrate Judge Sheila K. Oberto on 6/2/2021. (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CURTIS LEE HENDERSON, SR., 12 13 14 15 Plaintiff, v. S. CASTILLO, JR., et al., Case No. 1:20-cv-01199-AWI-SKO (PC) ORDER DENYING PLAINTIFF’S MOTION FOR REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION (Doc. 30) Defendants. 16 17 Plaintiff Curtis Lee Henderson, Sr., is a state prisoner proceeding pro se and in forma 18 pauperis. On April 1, 2021, Plaintiff filed a “motion for early settlement program,” requesting 19 that the Court refer this case to alternative dispute resolution (“ADR”). (Doc. 21.) The Court 20 denied the motion as premature because it had not yet directed service of the complaint, and no 21 defendants had appeared in this action. (Doc. 22.) The Court stated, “[i]f the defendants appear 22 and file an answer to the complaint, the Court will refer this case to ADR at that point.” (Id. at 2.) 23 On April 16, 2021, the Court issued an order directing service of Plaintiff’s complaint. 24 (Doc. 24.) Defendants then filed a waiver of service of process, (Doc. 28), but have not filed an 25 answer to the complaint. 26 On May 26, 2021, Plaintiff filed a second motion to refer this case to ADR. (Doc. 30.) 27 Plaintiff states that in its order denying his previous motion, the Court stated “that ‘when 28 defendants make an appearance . . . it will order an ADR settlement program.’” (Id.) However, 1 that is not what the Court stated. As explained above, the Court indicated that it will not refer this 2 case to ADR unless and until “the defendants appear and file an answer to the complaint.” (Doc. 3 22 at 2 (emphasis added).) If Defendants file an answer, the Court will refer this case to ADR at 4 that time. Plaintiff need not file an additional motion requesting that this case be referred to ADR. Based on the foregoing, the Court DENIES Plaintiff’s motion. 5 6 7 8 9 IT IS SO ORDERED. Dated: June 2, 2021 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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