Draper v. Rosairo et al

Filing 99

ORDER ADOPTING 97 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 9/23/13 ORDERING that the defendant's 77 Motion for Summary Judgment is DENIED. Attorney Judson Earle Lobdell appointed for John Clint Draper. A Settlem ent Conference is set for 12/12/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Confidential Settlement Conference Statements due at least 7 days prior to conference. Final Pretrial Conference set for 2/6/2014 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Joint Pretrial Conference Statement due by 1/23/14. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN CLINT DRAPER,

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No. 2:10-cv-32-KJM-EFB P

Plaintiff,
v.

ORDER

D. ROSARIO,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 30, 2013, the magistrate judge filed findings and recommendations, which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. Neither party has filed objections to

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the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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and by the proper analysis.
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The court also finds appointment of counsel is warranted. Judson Earle Lobdell has been

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selected from the court’s pro bono attorney panel to represent plaintiff and has accepted the

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appointment.

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Plaintiff’s Motion for Settlement Conference (ECF 95) also is pending. The court
GRANTS this motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed July 30, 2013, are adopted in full.

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2.

Defendant Rosario’s December 28, 2012 motion for summary judgment (ECF No.

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77) is denied.

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3.

Judson Earle Lobdell is appointed as counsel in the above entitled matter.

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Appointed counsel shall notify Sujean Park at [phone], or via email at

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[e-mail] if he has any questions related to the appointment.

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4.

A settlement conference is set for December 12, 2013 at 10:00 a.m. in Courtroom

No. 27, 8th Floor, before Magistrate Judge Dale A. Drozd, who has been randomly selected.

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The parties are directed to submit their confidential settlement conference statements to

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the Court using the following email address: [e-mail]. If a party desires to

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share additional confidential information with the Court, they may do so pursuant to the

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provisions of Local Rule 270(d) and (e). Statements are due at least 7 days prior to the Settlement

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Conference. Each party is reminded of the requirement that it be represented in person at the

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settlement conference by a person able to dispose of the case or fully authorized to settle the

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matter at the settlement conference on any terms. See Local Rule 270.

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The final pretrial conference is set for February 6, 2014; the parties shall file a

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joint pretrial statement by January 23, 2014.

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The Clerk of the Court is directed to serve a copy of this order upon Judson Earle

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Lobdell, Morrison & Foerster LLP, 425 Market Street, San Francisco, CA 94105.

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DATED: September 23, 2013.

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UNITED STATES DISTRICT JUDGE

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