Tate v. Andres

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 08/23/19 GRANTING 22 defendants' request to opt out of the Post-Screening ADR project. The stay of this action, commencing 8/05/19 21 , is lifted. Within 21 days of the filing of this order, defendant shall file a response to the complaint. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEREK TATE,

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No. 2:18-cv-0822 AC P
Plaintiff,

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v.

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ORDER

J. ANDRES,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights

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action filed pursuant to 42 U.S.C. § 1983. By order filed August 5, 2019, this case was referred

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to the court’s Post-Screening ADR (Alternative Dispute Resolution) Project and stayed for a

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period of 120 days. ECF No. 21. That order provided defendant the opportunity to request

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opting out of the ADR Project based on a good faith belief that a settlement conference would be

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a waste of resources. Id. at 2. Defendant has now filed a notice stating that he is opting out of the

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Post-Screening ADR Project and requesting that the court re-set his deadline to respond to the

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complaint. ECF No. 22. Defendant’s notice will be construed as a request, and the request will

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be granted.1

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Counsel for defendant is advised that in the future, they must move to opt out of the PostScreening ADR Project, and any such motions should affirm that counsel has taken the steps
outlined in the order referring the case to the Post-Screening ADR Project and give a reason for
the decision to opt out.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ request to opt out of the Post-Screening ADR Project (ECF No. 22) is

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GRANTED.

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2. The stay of this action, commencing August 5, 2019 (ECF No. 21), is LIFTED.

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3. Within twenty-one days of the filing of this order, defendant shall file a response to

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the complaint.

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DATED: August 23, 2019

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