Bell v. Martel et al

Filing 82

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/24/2019 VACATING the 77 Findings and Recommendations issued on 8/28/2019 and GRANTING plaintiff's 81 motion to conduct a settlement conference via correspondence. The parties ma y engage in settlement negotiations for a period of 60 additional days from the date of this order. The court will issue a discovery and scheduling order governing further proceedings in this matter should this case not settle by 1/6/2020. (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 MICHAEL XAVIER BELL, 12 Plaintiff, 13 14 No. 2:17-cv-00063-MCE-CKD v. ORDER MICHAEL MARTEL, et al., 15 Defendants. 16 17 Plaintiff is a state inmate proceeding pro se and in forma pauperis in this federal civil 18 rights lawsuit filed pursuant to 42 U.S.C. § 1983. On August 28, 2019 the undersigned issued 19 Findings and Recommendations that this action be dismissed without prejudice based on 20 plaintiff’s failure to comply with a court order requiring his appearance at a settlement 21 conference. ECF No. 77. Plaintiff filed two separate responses to the Findings and 22 Recommendations which the court construes as objections thereto. ECF Nos. 78, 80. So 23 construed, the court will vacate the Findings and Recommendations and permit this case to 24 proceed. 25 Also pending before the court is plaintiff’s motion to conduct a settlement conference via 26 correspondence. ECF No. 81. In light of plaintiff’s custody status at the L.A. Men’s Central Jail 27 which has failed to comply with writs issued by this court for plaintiff’s participation in a 28 settlement conference, the court will grant plaintiff’s motion and allow the parties an additional 1 1 period of time to engage in settlement discussions. Should the parties not settle this matter by 2 January 6, 2020 the court will issue a discovery and scheduling order governing further 3 proceedings in this case. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. 6 The Findings and Recommendations issued on August 28, 2019 (ECF No. 77) are hereby vacated. 7 2. Plaintiff’s motion to conduct a settlement conference via correspondence (ECF No. 8 81) is granted. The parties may engage in settlement negotiations for a period of 60 9 additional days from the date of this order. 10 11 12 3. The court will issue a discovery and scheduling order governing further proceedings in this matter should this case not settle by January 6, 2020. Dated: October 24, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 12/bell0063.vacateF&R.docx 21 22 23 24 25 26 27 28 2

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