Terhune v. Lizarraga et al

Filing 46

ORDER signed by Magistrate Judge Deborah Barnes on 12/6/18 DIRECTING plaintiff to return complete and return the attached form and DIRECTING defendant to file a written response within 14 days. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CAMERON R. TERHUNE,

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Plaintiff,

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No. 2:15-cv-1738 TLN DB P

v.

ORDER

JOE LIZARRAGA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. Plaintiff claims defendant failed to provide adequate medical care

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in violation of his rights under the Eighth Amendment. In their respective pretrial statements

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both parties indicate that they are willing to participate in a settlement conference. (ECF Nos. 44,

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45.)
Pursuant to Local Rule 270(b) both parties must affirmatively request that the assigned

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magistrate judge participate in a settlement conference and waive in writing any claim of

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disqualification on that basis. The parties will be directed to file a response to this order

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confirming that they are still willing to participate in a settlement conference and that they are

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willing to have the undersigned preside over the settlement conference.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of service of this order plaintiff shall complete and return the

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attached form notifying the court whether he is willing to participate in a settlement

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conference, agrees to have the assigned magistrate judge participate in the conference,

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and waives any claim of disqualification on that basis pursuant to Local Rule 270(b).

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2. Within fourteen days of service of this order defendant shall file a written response

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confirming that he is willing to participate in a settlement conference, agrees to have

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the assigned magistrate judge participate in the conference, and waives any claim of

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disqualification on that basis pursuant to Local Rule 270(b).

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Dated: December 6, 2018

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DLB:12

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DLB:1/Orders/Prisoner/Civil.Rights/terh1738.setconf

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CAMERON R. TERHUNE,

No. 2:15-cv-1738 TLN DB P

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Plaintiff,
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v.

ORDER

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JOE LIZARRAGA, et al.,
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Defendants.
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Check one:

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_____ Plaintiff is willing to participate in a settlement conference.

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_____ Plaintiff is not willing to participate in a settlement conference.

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Check one:

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_____ Plaintiff is willing to have the assigned magistrate judge preside over the settlement

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conference and waives any claim of disqualification on that basis.
_____ Plaintiff is not willing to have the assigned magistrate judge preside over the settlement
conference.

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DATED:_______________________

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Cameron Terhune
Plaintiff pro se

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