Thomas v. Antipov et al

Filing 163

ORDER granting in full 155 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 1/5/17. Plaintiff's 147 motion for a second settlement conference is DENIED without prejudice. Plaintiff is GRANTED 30 da ys in which to file a new motion for a second settlement conference with Judge Newman. Ruling on defendants' 149 motion to enforce the settlement agreement is deferred until the resolution of the new motion for a second settlement conference filed by plaintiff or the date on which the time for filing such a motion passes. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMAAL THOMAS,

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No. 2:11-cv-01138-MCE-EFB P

Plaintiff,

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v.

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ANTIPOV, et al.,

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ORDER

Defendants.

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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 pursuant to

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

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On August 3, 2016, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. Despite multiple

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extensions of time granted to plaintiff, neither party has filed objections to the findings and

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recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed August 3, 2016, are adopted in full.
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2. Plaintiff’s motion for a second settlement conference (ECF No. 147) is denied without
prejudice.
3. Plaintiff is granted 30 days in which to file a new motion for a second settlement

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conference with Judge Newman. Such a motion must describe the portions of the agreement

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plaintiff does not understand and indicate that plaintiff has discussed those portions with defense

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counsel prior to filing the motion.

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4. Ruling on defendants’ motion to enforce the settlement agreement (ECF No. 149) is

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deferred until the resolution of the new motion for a second settlement conference filed by

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plaintiff or the date on which the time for filing such a motion passes.

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IT IS SO ORDERED.
Dated: January 5, 2017

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