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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JAMAAL THOMAS,
12
No. 2:11-cv-01138-MCE-EFB P
Plaintiff,
13
v.
14
ANTIPOV, et al.,
15
ORDER
Defendants.
16
17
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
18
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
19
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20
On August 3, 2016, the magistrate judge filed findings and recommendations herein
21
which were served on all parties and which contained notice to all parties that any objections to
22
the findings and recommendations were to be filed within fourteen days. Despite multiple
23
extensions of time granted to plaintiff, neither party has filed objections to the findings and
24
recommendations.
25
The court has reviewed the file and finds the findings and recommendations to be
26
supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
27
ORDERED that:
28
1. The findings and recommendations filed August 3, 2016, are adopted in full.
1
1
2
3
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
4
conference with Judge Newman. Such a motion must describe the portions of the agreement
5
plaintiff does not understand and indicate that plaintiff has discussed those portions with defense
6
counsel prior to filing the motion.
7
4. Ruling on defendants’ motion to enforce the settlement agreement (ECF No. 149) is
8
deferred until the resolution of the new motion for a second settlement conference filed by
9
plaintiff or the date on which the time for filing such a motion passes.
10
11
IT IS SO ORDERED.
Dated: January 5, 2017
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?