Barker v. Yassine

Filing 124

ORDER signed by Magistrate Judge Allison Claire on 10/26/15 ordering that within 21 days after the filing date of this order, the parties shall file a joint statement indicating whether they request that a settlement conference, mediated by another magistrate judge, be scheduled in this action; and if so, counsel for each party shall identify any dates within the next 6 months when they are not available to participate in a settlement conference. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM BARKER, 12 Plaintiff, 13 14 No. 2:11-cv-00246 KJM AC P v. ORDER R. YASSINE, 15 Defendant. 16 17 Plaintiff is a state prisoner represented by counsel who proceeds in this civil rights action 18 against sole defendant Correctional Officer R. Yassine. Plaintiff’s remaining claim, for which he 19 seeks damages, is that defendant Yassine employed excessive force against plaintiff in violation 20 of the Eighth Amendment’s proscription against cruel and unusual punishment. By order filed 21 September 30, 2015, the district judge denied defendant’s motion for summary judgment and 22 referred this case back to the undersigned magistrate judge for further proceedings. See ECF No. 23 123 (Order declining to adopt the undersigned’s Findings and Recommendations filed March 3, 24 2015, ECF No. 118). Before scheduling this case for trial, the court will inquire into the parties’ interests in 25 26 participating in a settlement conference mediated by another magistrate judge. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Within twenty-one (21) days after the filing date of this order, the parties shall file a 3 joint statement indicating whether they request that a settlement conference, mediated by another 4 magistrate judge, be scheduled in this action; and 5 b. If so, counsel for each party shall identify any dates within the next six months when 6 they are not available to participate in a settlement conference. 7 DATED: October 26, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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