Hammler v. Davis et al

Filing 68

ORDER signed by Magistrate Judge Allison Claire on 4/25/2017 ORDERING plaintiff to complete and file the attached form, within 10 days, indicating whether he would like to attend the settlement conference in person or by videoconference. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ALLEN HAMMLER,

12

Plaintiff,

13
14

No. 2:14-cv-2073 MCE AC P

v.

ORDER REQUESTING FURTHER
CLARIFICATION FROM PLAINTIFF RE:
HIS APPEARANCE AT THE JUNE 26, 2017
SETTLEMENT CONFERENCE

C. DAVIS,

15

Defendant.

16
This case is set for a settlement conference before United States Magistrate Judge Kendall

17
18

J. Newman on June 26, 2017. The court previously inquired of plaintiff whether he preferred

19

appearing at the settlement conference in person or electronically. See ECF No. 66. While still

20

incarcerated at Salinas Valley State Prison, plaintiff informed the court that he preferred to appear

21

electronically. See ECF No. 67.
Plaintiff was subsequently transferred to California State Prison Sacramento (CSP-SAC),1

22
23

which is much closer to the federal courthouse where the settlement conference will be held.

24

Therefore, plaintiff will be asked to update his stated preference for participating at the settlement

25

1

26
27
28

See http://inmatelocator.cdcr.ca.gov/ (Inmate Locator website operated by the California
Department of Corrections and Rehabilitation). This Court may take judicial notice of facts that
are capable of accurate determination by sources whose accuracy cannot reasonably be
questioned. See Fed. R. Evid. 201; see also City of Sausalito v. O'Neill, 386 F.3d 1186, 1224 n.2
(9th Cir. 2004) (“We may take judicial notice of a record of a state agency not subject to
reasonable dispute.”).
1

1

conference, either in person or by videoconference (which the court has confirmed is available at

2

CSP-SAC).

3

Accordingly, IT IS HEREBY ORDERED that plaintiff shall, within ten (10) days after the

4

filing date of this order, complete and file the attached form indicating whether he would like to

5

attend the settlement conference in person or by videoconference.

6
7

IT IS SO ORDERED.
DATED: April 25, 2017

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ALLEN HAMMLER,

12
13
14
15

No. 2:14-cv-2073 MCE AC P

Plaintiff,
v.

PLAINTIFF’S FURTHER NOTICE RE: HIS
APPEARANCE AT THE JUNE 26, 2017
SETTLEMENT CONFERENCE

C. DAVIS,
Defendant.

16
17

Please check one:

18
19

_____ Plaintiff would like to participate in the settlement conference in person.

20
21

_____ Plaintiff would like to participate in the settlement conference by videoconference.

22
23
24
25

____________________________________
Date

____________________________________
Allen Hammler
Plaintiff pro se

26
27
28
1