Ford v. California Health Care Facility et al.
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DARREN VINCENT FORD,
No. 2:15-cv-2588 GEB DB P
CALIFORNIA HEALTH CARE
FACILITY, et al.,
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under
42 U.S.C. § 1983. Plaintiff alleges defendant Jahangiri violated plaintiff’s Eighth Amendment
rights when Jahangiri failed to take any protective measures after plaintiff threatened to commit
suicide. Before the court are three motions filed by plaintiff. For the reasons set forth below, the
court finds plaintiff’s motions do not have merit and will be denied.
First, plaintiff moves for a “settlement.” (ECF No. 55.) It appears that plaintiff is offering
to settle the case for one million dollars, half of what he seeks. Plaintiff is advised that the court
will schedule a settlement conference at a later date if it finds one would be helpful. At this point
in these proceedings, this court does not find a settlement conference warranted.
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
for summary judgment has not passed. On May 9, 2017, the court granted defendant’s motion to
modify the scheduling order. (ECF No. 50.) The deadline for filing motions for summary
judgment was continued to July 3, 2017. In addition, plaintiff is advised that defendant is not
required to move for summary judgment. If he chooses not to do so, this case will proceed to
Third, plaintiff requests an extension of time to file a response to defendant’s motion for
summary judgment. (ECF No. 57.) However, plaintiff does not have a due date for any response
because defendant has not filed a motion for summary judgment in this case.
For the foregoing reasons, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion for settlement (ECF No. 55) is denied;
2. Plaintiff’s motion to dismiss (ECF No. 56) is denied; and
3. Plaintiff’s motion for an extension of time (ECF No. 57) is denied as unnecessary.
Dated: June 20, 2017
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