(PC) Prestfield v. Zakhary

Filing 10

ORDER DENYING 9 Motion for Settlement Conference and/or Summary Judgment Without Prejudice signed by Magistrate Judge Erica P. Grosjean on 1/6/2021. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER PRESTFIELD,

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Plaintiff,
v.
GEORGE M. ZAKHARY,

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ORDER DENYING MOTION FOR
SETTLEMENT CONFERENCE AND/OR
SUMMARY JUDGMENT WITHOUT
PREJUDICE

Defendant.
(ECF No. 9)

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No. 1:20-cv-01551-EPG (PC)

On January 4, 2021, Plaintiff Christopher Prestfield, a state inmate proceeding pro se and

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in forma pauperis, filed a motion entitled “Petition Requesting Settlement Conference and/or

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Summary Judgment.” (ECF No. 9). This case is proceeding on Plaintiff’s complaint against his

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doctor, Defendant George M. Zakhary, filed on November 2, 2020, (ECF No. 1), which is

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currently out for service by the U.S. Marshal, (ECF No. 8).

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Plaintiff’s motion requests a settlement conference, states that he has complied with the

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Government Claims Act, and requests reasonable allowances in connection with the coronavirus

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pandemic.

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Regarding the request for a settlement conference, the Court will issue an order regarding

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a settlement conference after defendants have appeared in this action. However, service has yet to

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be completed. Thus, any such order is premature. Therefore, the Court will deny this aspect of

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Plaintiff’s motion without prejudice. Plaintiff may request a settlement conference in the future.
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Second, Plaintiff states he has complied with the Government Claims Act. Plaintiff may

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be responding to footnote 1 of the Court’s screening order, which notes that Plaintiff did not

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allege compliance with the Government Claims Act and did not bring any state-law claims. If

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Plaintiff wishes to bring additional claims, Plaintiff may, in accordance with Federal Rule of Civil

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Procedure 15(a), file an amended complaint:

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(1) Amending as a Matter of Course. A party may amend its pleading once as a
matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21
days after service of a responsive pleading or 21 days after service of a
motion under Rule 12(b), (e), or (f), whichever is earlier.
(2) Other Amendments. In all other cases, a party may amend its pleading only
with the opposing party's written consent or the court's leave. The court should
freely give leave when justice so requires.

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Fed. R. Civ. P. 15(a).1 If Plaintiff files an amended complaint, the Court will screen that
complaint in due course.
Finally, Plaintiff requests leniency with court-ordered deadlines. The Court will not

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excuse Plaintiff from following court deadlines in this case. However, per Eastern District of
California Local Rule 144, Plaintiff may file motions for extension of time upon a showing of
good cause, before the deadline expires. Additionally, the Court will take Plaintiff’s limitations
in consideration when setting a schedule in this case in order to allow adequate time to all parties.
For the foregoing reasons, the Court HEREBY DENIES Plaintiff’s motion (ECF. No. 9)

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without prejudice.
IT IS SO ORDERED.

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Dated:

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January 6, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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The Court is not presently granting leave to file an amended complaint. Plaintiff may, however, be able to file an
amended complaint as a matter of course pursuant to Rule 15(a)(1) or otherwise pursuant to Rule 15(a)(2).

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