(PC) Knight v. St. Andre et al

Filing 29

ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/2024 GRANTING defendant's 28 Motion to Opt Out of Post-Screening ADR Project and LIFTING the stay of this action. Defendant's responsive pleading due within 21 days. (Spichka, K.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CLARENCE V. KNIGHT, 11 Plaintiff, 12 13 v. No. 2:23-cv-0177 DAD SCR P ORDER R. ST. ANDRES, et al., 14 Defendants. 15 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights complaint 16 17 under 42 U.S.C. § 1983. Plaintiff alleges that defendant Watkins failed to permit him to present 18 evidence at a disciplinary hearing in violation of his right to due process. On November 8, 2024, 19 defendant filed a motion to opt out of the post-screening ADR project. Defendant’s counsel 20 states that after investigating plaintiff’s claim and discussing the case with plaintiff and counsel’s 21 supervisor, counsel feels the gap between the parties’ valuation of the case is too great and a 22 settlement conference would not be productive at this time. This court finds good cause to grant 23 defendant’s motion. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. Defendant’s motion to opt out (ECF No. 28) is granted and the ADR stay of this action is lifted; and 26 27 //// 28 //// 1 1 2 2. Within twenty-one days from the date of this order, defendant shall file a responsive pleading. 3 4 Dated: November 22, 2024 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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