(PC) Strickland v. Jenkins et al

Filing 20

ORDER signed by Magistrate Judge Deborah Barnes on 1/18/2023 GRANTING 19 Motion to Opt Out of Post-Screening ADR Project. The stay of this action is LIFTED. Within 60 days from the date of this order, defendants shall file a responsive pleading. (Huang, H)

Case 2:22-cv-00898-DB Document 20 Filed 01/18/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALCOLM STRICKLAND,

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No. 2:22-cv-0898 DB P

Plaintiff,
v.

ORDER

A. JENKINS, et al.,

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Defendants.

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

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§1983. Plaintiff alleges defendant Jenkins sexually assaulted him in violation of the Eighth

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Amendment. He further alleges defendants Jenkins, Janam, and Rich retaliated against him in

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violation of the First Amendment. On November 16, 2022, this court referred this case to the

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court’s Post-Screening ADR Project and stayed these proceedings for 120 days. Defendants now

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move to opt out of the post-screening ADR project. Defendants’ counsel states that after

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reviewing the case and discussing it with plaintiff, he feels that a dispositive motion should

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resolve this case and a settlement conference would not be productive at this time. This court

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finds defendants have established good cause to opt out of the ADR project.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to opt out (ECF No. 19) is granted and the stay of this action is

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lifted; and
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Case 2:22-cv-00898-DB Document 20 Filed 01/18/23 Page 2 of 2
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2. Within sixty days from the date of this order, defendants shall file a responsive

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pleading.

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Dated: January 18, 2023

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DLB:9
DB Prisoner Inbox/Civil Rights/R/stri0898.opt out

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