Benyamini v. Blackburn et al

Filing 80

ORDER signed by Magistrate Judge Allison Claire on 1/07/16 ordering that within 14 days of the filing of this order, the parties shall each file a signed notice regarding waiver of disqualification, indicating whether or not they agree to the undersigned serving as the settlement judge. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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No. 2:13-cv-0205 MCE AC P

Plaintiff,
v.

ORDER

M. BLACKBURN, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to
42 U.S.C. § 1983.

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On December 2, 2015, the parties were directed to notify the court whether they believed

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a settlement conference would be beneficial in this case and, if so, to further advise whether they

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had any interest in attempting to settle any of plaintiff’s five other active civil rights cases. ECF

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No. 75. The parties have agreed that a settlement conference in this case would be beneficial and

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neither party wishes to attempt to settle any of plaintiff’s other cases at this time. ECF Nos. 76,

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79. Before assigning a settlement judge, the court needs to know if the parties will agree to the

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undersigned serving as the settlement judge, waiving any conflict that may arise as a result.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the filing of this

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order, the parties shall each file a signed Notice Regarding Waiver of Disqualification, indicating

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whether or not they agree to the undersigned serving as the settlement judge. Failure of either
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party to file a waiver will result in this case being randomly assigned to another magistrate judge

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for purposes of conducting a settlement conference. Further instructions will issue once a

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settlement judge is assigned.

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DATED: January 7, 2016

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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No. 2:13-cv-0205 MCE AC P

Plaintiff,
v.
M. BLACKBURN, et al.,

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NOTICE REGARDING WAIVER OF
DISQUALIFICATION OF SETTLEMENT
JUDGE PURSUANT TO LOCAL RULE
270(b)

Defendants.

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Check one:

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_____ Plaintiff, proceeding pro se, requests that the assigned Magistrate Judge participate in a

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settlement conference in this action and hereby waives any claim of disqualification of the

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assigned Magistrate Judge on that basis thereafter.

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_____ Plaintiff, proceeding pro se, does not waive any claim of disqualification of the assigned

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Magistrate Judge and requests the court randomly assign another Magistrate Judge for the

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purposes of conducting a settlement conference.

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DATED:_______________________
______________________________________
ROBERT BENYAMINI
Plaintiff pro se

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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No. 2:13-cv-0205 MCE AC P

Plaintiff,
v.
M. BLACKBURN, et al.,

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NOTICE REGARDING WAIVER OF
DISQUALIFICATION OF SETTLEMENT
JUDGE PURSUANT TO LOCAL RULE
270(b)

Defendants.

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Check one:

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_____ Defendants Blackburn and Marzan request that the assigned Magistrate Judge participate

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in a settlement conference in this action and hereby waive any claim of disqualification of

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the assigned Magistrate Judge on that basis thereafter.

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_____ Defendants Blackburn and Marzan do not waive any claim of disqualification of the

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assigned Magistrate Judge and request the court randomly assign another Magistrate

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Judge for the purposes of conducting a settlement conference.

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DATED:_______________________
______________________________________
Attorney for Defendants Blackburn and Marzan

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