Whitaker v. Jaffe et al

Filing 100

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/10/12 RECOMMENDING that 96 MOTION for summary judgment be granted; the Clerk be directed to enter judgment in defendant's favor; and the Clerk be directed to close this case. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, 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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OSHAY JOHNSON,

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Plaintiff,

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vs.

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No. 2:08-cv-1494 JAM KJN P

CARROL, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner, proceeding with court-appointed counsel, in this civil

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rights action filed pursuant to 42 U.S.C. § 1983. On August 28, 2012, the district judge adopted

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the undersigned’s findings and recommendations, thereby granting in part, and denying in part,

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defendants’ motion for summary judgment. (See Dkt. Nos. 43, 44.) This action now proceeds

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on the following claims against the following defendants: (1) Against defendants Carroll and

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Sisto, on plaintiff’s First Amendment free exercise claims, and Fourteenth Amendment equal

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protection claims; and (2) Against defendants J. Johnson, Fowler, Jackura, San Nicholas, and

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Kesterson, on plaintiff’s First Amendment retaliation and conspiracy claims.

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Before scheduling this action for pretrial and trial proceedings, the court invites
counsel for plaintiff and defendants to consider whether a settlement conference would be helpful

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in this action, and should first be set.

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Accordingly, IT IS HEREBY ORDERED that, within 30 days after the filing date

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of this order, counsel for all parties shall file a joint statement that informs the court of the

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following:

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1. Whether a settlement conference should be scheduled in this action and, if so,

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whether the parties agree that the undersigned may preside over the conference or request that

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another magistrate judge do so.

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2. If all parties do not agree that a settlement conference should be set at this
time, a joint statement that identifies: (a) the anticipated length of trial; and (b) any dates within
the next year when any party may be unavailable for trial or a trial confirmation hearing.

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SO ORDERED.

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DATED: September 10, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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john1494.jt.stat.