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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN VINCENT FORD, 12 13 14 15 16 No. 2:15-cv-2588 GEB DB P Plaintiff, v. ORDER CALIFORNIA HEALTH CARE FACILITY, et al., Defendants. 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under 19 42 U.S.C. § 1983. Plaintiff alleges defendant Jahangiri violated plaintiff’s Eighth Amendment 20 rights when Jahangiri failed to take any protective measures after plaintiff threatened to commit 21 suicide. Before the court are three motions filed by plaintiff. For the reasons set forth below, the 22 court finds plaintiff’s motions do not have merit and will be denied. 23 First, plaintiff moves for a “settlement.” (ECF No. 55.) It appears that plaintiff is offering 24 to settle the case for one million dollars, half of what he seeks. Plaintiff is advised that the court 25 will schedule a settlement conference at a later date if it finds one would be helpful. At this point 26 in these proceedings, this court does not find a settlement conference warranted. 27 28 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 1 for summary judgment has not passed. On May 9, 2017, the court granted defendant’s motion to 2 modify the scheduling order. (ECF No. 50.) The deadline for filing motions for summary 3 judgment was continued to July 3, 2017. In addition, plaintiff is advised that defendant is not 4 required to move for summary judgment. If he chooses not to do so, this case will proceed to 5 trial. 6 Third, plaintiff requests an extension of time to file a response to defendant’s motion for 7 summary judgment. (ECF No. 57.) However, plaintiff does not have a due date for any response 8 because defendant has not filed a motion for summary judgment in this case. 9 For the foregoing reasons, IT IS HEREBY ORDERED that: 10 1. Plaintiff’s motion for settlement (ECF No. 55) is denied; 11 2. Plaintiff’s motion to dismiss (ECF No. 56) is denied; and 12 3. Plaintiff’s motion for an extension of time (ECF No. 57) is denied as unnecessary. 13 Dated: June 20, 2017 14 15 16 17 18 19 20 21 DLB:9 DLB1/prisoner-civil rights/ford2588.36opp 22 23 24 25 26 27 28 2

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