Stephen v. Montejo et al

Filing 129

ORDER signed by Magistrate Judge Deborah Barnes on 7/06/22 DENYING 127 Request for clarification. Within 20 days of the filed date of this order, defendant shall file a statement regarding the usefulness of a settlement conference at this time. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE EARL STEPHENS,

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No. 2:18-cv-1796 KJM DB P

Plaintiff,
v.

ORDER

E. MONTEJO,
Defendant.

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Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983.

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Plaintiff alleges defendant was deliberately indifferent to his serious medical needs in violation of

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the Eighth Amendment. Plaintiff has filed a “Request for Clarification.” Plaintiff appears to be

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seeking rulings on his motions to compel, for sanctions, and to amend his third amended

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complaint. After plaintiff filed his request, this court issued an Order and Findings and

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Recommendations which addresses those issues. Accordingly, no further clarification should be

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necessary and plaintiff’s request will be denied as moot.

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Plaintiff also requests a “mandatory” settlement conference. While this court finds no

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basis to require the parties to participate in a settlement conference at this time, defendant will be

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ordered to inform plaintiff and this court whether a settlement conference is warranted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for clarification (ECF No. 127) is denied as moot; and
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2. Within twenty days of the filed date of this order, defendant shall file a statement

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regarding the usefulness of a settlement conference at this time.

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Dated: July 6, 2022

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DLB:9
DB Prisoner Inbox/Civil Rights/R/step1796.mtn for clarif

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