Bivins v. Ju et al

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/2017 GRANTING 25 defendants' motion to opt out; LIFTING 18 stay of this action; VACATING the 5/10/2017 settlement conference; and VACATING 24 writ of habeas corpus ad testificandum. Defendant Dr. Ju to file a responsive pleading within 30 days from the date of this order. (Henshaw, R) (cc: out-of-court desk, CSP - Sacramento)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH BIVINS,

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No. 2:16-0389 MCE KJN P
Plaintiff,

v.

ORDER

DR. JU,

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Defendant.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights complaint

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under 42 U.S.C. § 1983. Plaintiff alleges that defendant Dr. Ju was deliberately indifferent to

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plaintiff’s serious mental health needs, in violation of the Eighth Amendment. (See ECF No. 9 at

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3.) On April 26, 2017, defendant filed a motion to opt out of the post-screening ADR project.

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After reviewing the motion, the court finds good cause to grant defendant’s motion. Therefore,

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the stay is lifted, the May 10, 2017 settlement conference is vacated, the writ of habeas corpus ad

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testificandum for plaintiff’s attendance at the settlement conference is vacated, and defendant

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shall file a responsive pleading.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to opt out (ECF No. 25) is granted and the stay of this action (ECF

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No. 18) is lifted;

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2. The May 10, 2017 settlement conference before the undersigned is vacated;

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3. The March 21, 2017 writ of habeas corpus ad testificandum (ECF No. 24) is vacated;

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4. The Clerk of the Court shall serve a copy of this order on the Warden of Folsom State

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Prison, P.O. Box 715071, Represa, CA 95671, and the out-to court- desk, California State Prison

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- Sacramento, P.O. Box 290007, Represa, CA 95671;

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5. Defendant Dr. Ju shall file a responsive pleading within thirty days from the date of

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this order.

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Dated: April 28, 2017

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/bivi0389.optout

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