Young v. Pulsipher, et al

Filing 158

ORDER, Status Conference set for 2/25/2009 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. The jury Trial date of 1/12/09 is vacated; the writ issued 12/30/08 is vacated; case referred to Judge Vadas for settlement; Clerk of Court is directed to serve Warden Evans and Judge Vadas. signed by Magistrate Judge Kimberly J. Mueller on 01/06/2009. (Andrews, P)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. J. PULSIPHER, Defendant. / This matter is currently set for jury trial on January 12, 2009 at 10:00 a.m. Plaintiff has requested a continuance of the trial date in order to pursue settlement; he has also asked leave to file an amended complaint. Defendant does not oppose the continuance or the referral to Magistrate Judge Nandor Vadas for settlement; he does oppose plaintiff's request to amend the complaint. Although the court will not address the motion to amend the complaint at this time, the motion for a continuance to allow for a further settlement conference is appropriate. IT IS THEREFORE ORDERED: 1. The jury trial date of January 12, 2009 is hereby vacated; 2. The writ of habeas corpus ad testificandum issued December 30, 2008 for Danny Gerome Young, C-53235 is hereby vacated; 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DANNY GEROME YOUNG, Plaintiff, No. CIV S-03-2225 KJM P

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Courtroom 26.

3. The Clerk of the Court is directed to serve a copy of this order on Michael S. Evans, Warden, Salinas Valley State Prison, 31625 Highway 101, Soledad, CA 93960 and on the Out-To-Court Desk, California State Prison -Sacramento, P.O. Box 290007, Represa, California 95671; 4. The case is referred to Magistrate Judge Nandor Vadas for a settlement conference. The parties are directed to contact Gloria Masterson, Courtroom Deputy to Magistrate Judge Vadas, within ten days of the filed date of this order to arrange a date for the settlement conference and shall file a letter on the docket memorializing the date; 5. The Clerk of the Court is directed to send a copy of the instant order to Magistrate Judge Nandor Vadas, Northern District of California, 514 H Street, Eureka, California 95501-1038; 6. Magistrate Judge Nandor Vadas shall file a report on the docket in this case, within twenty days of the settlement conference, indicating the outcome of the settlement proceedings; and 7. The case is set for a status conference on February 25, 2009 at 10:00 a.m. in

DATED: January 6, 2009.

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