Bowell v. California Department of Corrections et al

Filing 78

ORDER signed by Magistrate Judge Kendall J. Newman on 5/26/2020 DENYING without prejudice plaintiff's 77 motion. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES BOWELL,

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No. 2:17-cv-0981 KJM KJN P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C.

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§ 1983. This action proceeds on plaintiff’s claims that defendants Lewis and Allison, both

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employed in Sacramento, violated plaintiff’s constitutional rights based on forced TB skin tests.

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(See ECF No. 17 at 2.) On May 21, 2020, plaintiff filed a motion asking the court to reconsider

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having a settlement conference in this case in light of the assignment of a new Deputy Attorney

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General. Plaintiff refers to a recent letter he received, but other than the change of defense

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counsel, provides no details as to why a settlement conference might now be fruitful. Plaintiff

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adds that he would require counsel to be appointed for any settlement conference.

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At this time, defendants’ motion to dismiss is fully briefed. In light of plaintiff’s failure to

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demonstrate good cause for re-scheduling a settlement conference at this time, plaintiff’s request

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is denied without prejudice to its renewal following resolution of the motion to dismiss.
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However, the court is open to having a settlement conference upon submission of a joint request

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by plaintiff and the assigned Deputy Attorney General.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 77) is denied

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without prejudice.

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Dated: May 26, 2020

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/bowe0981.den3

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