Ford v. California Health Care Facility et al.

Filing 59

ORDER signed by Magistrate Judge Deborah Barnes on 6/20/2017 ORDERING plaintiff's 55 motion for settlement is DENIED; plaintiff's 56 motion to dismiss is DENIED; and plaintiff's 57 motion for an extension of time is DENIED as unnecessary. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARREN VINCENT FORD,

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No. 2:15-cv-2588 GEB DB P

Plaintiff,
v.

ORDER

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. Plaintiff alleges defendant Jahangiri violated plaintiff’s Eighth Amendment

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rights when Jahangiri failed to take any protective measures after plaintiff threatened to commit

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suicide. Before the court are three motions filed by plaintiff. For the reasons set forth below, the

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court finds plaintiff’s motions do not have merit and will be denied.

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First, plaintiff moves for a “settlement.” (ECF No. 55.) It appears that plaintiff is offering

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to settle the case for one million dollars, half of what he seeks. Plaintiff is advised that the court

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will schedule a settlement conference at a later date if it finds one would be helpful. At this point

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in these proceedings, this court does not find a settlement conference warranted.

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Second, plaintiff moves to “dismiss defendant’s case” based on defendant’s failure to file
a timely motion for summary judgment. (ECF No. 56.) However, the deadline for filing motions

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for summary judgment has not passed. On May 9, 2017, the court granted defendant’s motion to

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modify the scheduling order. (ECF No. 50.) The deadline for filing motions for summary

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judgment was continued to July 3, 2017. In addition, plaintiff is advised that defendant is not

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required to move for summary judgment. If he chooses not to do so, this case will proceed to

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trial.

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Third, plaintiff requests an extension of time to file a response to defendant’s motion for

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summary judgment. (ECF No. 57.) However, plaintiff does not have a due date for any response

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because defendant has not filed a motion for summary judgment in this case.

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For the foregoing reasons, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for settlement (ECF No. 55) is denied;

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2. Plaintiff’s motion to dismiss (ECF No. 56) is denied; and

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3. Plaintiff’s motion for an extension of time (ECF No. 57) is denied as unnecessary.

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Dated: June 20, 2017

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DLB:9
DLB1/prisoner-civil rights/ford2588.36opp

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