Jones v. Virga et al

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 3/18/2014 ORDERING that within 14 days, plaintiff and defense counsel shall file separate statements indicating (a) whether a settlement conference may be helpful in resolving this action, and (b) if so, whether the parties waive the disqualification of the undersigned magistrate judge to conduct the conference, or request that another magistrate judge be assigned for this purpose.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,

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No. 2:12-cv-2695 MCE KJN P

Plaintiff,
v.

ORDER

G. WHITTED, et al.,
Defendants.

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Plaintiff, a state prisoner incarcerated at California State Prison-Los Angeles County, has

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filed a second request for appointment of counsel. (See ECF No. 25.) Plaintiff proceeds in forma

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pauperis in this civil rights action, brought pursuant 42 U.S.C. § 1983. Plaintiff challenges the

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conduct of three prison officials at California State Prison-Sacramento (G. Whitted, J. Jones and

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D. Reed), when plaintiff was incarcerated there in 2011. This action proceeds on the following

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claims: excessive force against Jones and Whitted; retaliation against defendants Jones and Reed;

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deliberate indifference to plaintiff’s health and safety, and conspiracy to violate plaintiff’s

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constitutional rights, against all three defendants. (See ECF No. 15 at 4-5.)

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Review of plaintiff’s instant request indicates that it may meet the concerns of this court

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when it denied, without prejudice, plaintiff’s first request for appointment of counsel, particularly

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the need for current medical evidence demonstrating plaintiff’s alleged psychological and

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cognitive limitations. (See ECF No. 19.) However, before deciding whether to appoint counsel
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for plaintiff in this action, the court would like to determine the parties’ willingness to participate

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in a settlement conference.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen (14) days after the filing date of this order, plaintiff and defense

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counsel shall file separate statements indicating the following:

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a. Whether a settlement conference may be helpful in resolving this action; and

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b. If so, whether the parties waive the disqualification of the undersigned magistrate

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judge to conduct the conference, or request that another magistrate judge be assigned for this

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purpose.

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SO ORDERED.

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Dated: March 18, 2014

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/jone2695.inquire.sett

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