Evans v. California Department of Corrections and Rehabilitation

Filing 34

ORDER signed by Magistrate Judge Allison Claire on 4/24/2019 DENYING as improper 32 Motion for Subpoenas and 33 Motion to Change Defendant's Counsel and ORDERING Plaintiff to file the Notice Re: Plaintiff's Appearance at Settlement Conference by the date given in 27 Order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD ANTHONY EVANS,

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No. 2:17-cv-1888 AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to this court

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Before the court are plaintiff’s motion for subpoenas and his motion to change defendant’s

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counsel, both filed on April 22, 2019. See ECF Nos, 32, 33. For the reasons stated below, the

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motions will be denied.

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On April 1, 2019, the court issued an order referring this matter to its Post-Screening

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Alternative Dispute Resolution Project. ECF No. 27. As a result, the matter has been stayed for

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120 days so that the parties can investigate plaintiff’s claims, meet and confer, and participate in a

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settlement conference. See ECF No. 27 at 1. In sum, the stay serves to halt all standard civil

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proceedings.
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Plaintiff was reminded of the stay order in the court’s April 19, 2019 denial of the

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discovery-related motion he filed on April 15, 2019. See ECF Nos. 30, 31. At that time, plaintiff

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was also reminded of the 30-day time-period within which he must inform the court whether he

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wishes to appear at the settlement conference in person or via videoconference. See ECF No. 31

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at 2. Despite these facts, on April 22, 2019, plaintiff filed the two instant motions, and he has yet

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to return the option form to the court.

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The court informs plaintiff for the third time that any and all proceedings in this matter

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have been stayed. See ECF Nos. 27, 31. This means that with rare exception, this court will not

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consider any filings presented to it that are not related to the pending, court-ordered settlement

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conference proceedings.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for subpoenas (ECF No. 32) and motion to change defendant’s

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counsel (ECF No. 33), filed April 22, 2019, are DENIED as improper;
2. Plaintiff shall file the Notice Re: Plaintiff’s Appearance at Settlement Conference

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(Post-Screening ADR Project) by the date given in the court’s April 1, 2019 order (see ECF No.

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27 at 3-4), and

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3. If plaintiff fails to file the notice by the deadline, if settlement proceedings take place,

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plaintiff will be required to participate in the proceedings in person at the Eastern District of

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California’s courthouse located in Sacramento.

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DATED: April 24, 2019

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