Harris v. Kennedy et al

Filing 76

ORDER signed by Magistrate Judge Deborah Barnes on 05/30/18 ORDERING that within fifteen days of the filed date of this order, each party shall file a statement informing the court whether the undersigned magistrate judge or a different magistrate judge should preside over the settlement conference. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID D. HARRIS,

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No. 2:16-cv-0588 MCE DB P

Plaintiff,

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v.

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N. KENNEDY,

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ORDER

Defendant.

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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. On February 27, 2018, the court issued a Further Scheduling Order requiring

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the parties to submit pretrial statements. (ECF No. 67.) The order specified that the parties

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should inform the court whether they feel a settlement conference would be beneficial and, if so,

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whether the undersigned magistrate judge may preside over the settlement conference or whether

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another magistrate judge should do so. (See id. at 1.) Both parties have indicated that a

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settlement conference would be beneficial. (See Plt.’s Requests for Sett. Conf. (ECF Nos. 68,

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70); Def.’s Pretrial Stmt. (ECF No. 75) at 18.) However, neither party has informed the court

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whether he is willing to permit the undersigned magistrate judge to preside over the settlement

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conference or whether he wishes another magistrate judge to preside.

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Accordingly, IT IS HEREBY ORDERED that within fifteen days of the filed date of this

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order, each party shall file a statement informing the court whether the undersigned magistrate

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judge or a different magistrate judge should preside over the settlement conference.

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Dated: May 30, 2018

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DLB:9
DB/prisoner-civil rights/harr0588.sett conf pref

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