Gomez v. CDCR et al

Filing 65

ORDER signed by Magistrate Judge Kendall J. Newman on 02/05/20 RESOLVING 64 Motion for clarification and DENYING 63 Motion for a 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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EDWARD GOMEZ,

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Plaintiff,

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No. 2: 17-cv-1247 JAM KJN P

v.

ORDER

CDCR, et al.,

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Defendants.

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

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to 42 U.S.C. § 1983. On January 9, 2020, plaintiff filed a motion for clarification. (ECF No. 64.)

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In this motion, plaintiff seeks information regarding whether he may ask defendant for a

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settlement conference without notifying the court. Plaintiff is informed that he may ask defendant

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for a settlement conference without notifying the court.
In the January 9, 2020 motion for clarification, plaintiff also seeks information regarding

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when he may request damages aside from any physical injury he can show. Proof of damages

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shall occur should this action proceed to trial.
On January 9, 2020 (incorrectly docketed as filed January 10, 2020), plaintiff filed a

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motion for a settlement conference. (ECF No. 63.) Plaintiff requests that the court arrange a

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settlement conference between plaintiff and defendant.

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On May 23, 2019, a settlement conference in this action was held. This action did not

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settle. Unless both plaintiff and defendant consent, the undersigned finds that another settlement

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conference is not warranted at this time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for clarification (ECF No. 64) is deemed resolved;

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2. Plaintiff’s motion for a settlement conference (ECF No. 63) is denied.

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Dated: February 5, 2020

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Gom1247.cla
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