Martinez v. Hoover, et al

Filing 57

ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/11 ordering plaintiff's motion for a referral to mediation is denied without prejudice. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARCHIE A. MARTINEZ,
Plaintiff,

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vs.

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ORDER

G. HOOVER, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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No. CIV S-09-0680-KJM-CMK-P

to 42 U.S.C. § 1983. Pending before the court is a plaintiff’s request for referral to mediation.
Plaintiff’s request was filed after the defendants filed a motion for summary

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judgment. While the court encourages participation in alternative dispute resolution, such

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participation is generally more productive when there is not a dispositive motion pending. Thus,

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the court declines to submit this case to mediation until such time as the pending motion for

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summary judgment has been resolved. If appropriate, following the resolution of that motion, the

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court may revisit the idea of referring this case for mediation.

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///

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Accordingly, plaintiff’s motion for a referral to mediation is denied,
without prejudice.

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DATED: October 11, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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