Frederick v. California Department of Corrections and Rehabilitation et al

Filing 168

ORDER OF DISMISSAL; VACATING REFERRAL TO PRO SE PRISONER MEDIATION PROGRAM; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on June 11, 2012. (mmcsec, COURT STAFF) (Filed on 6/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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)
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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF )
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CORRECTIONS AND
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REHABILITATION,
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Defendant.
_______________________________ )
JERRY M. FREDERICK,

No. C 08-2222 MMC (PR)
ORDER OF DISMISSAL; VACATING

REFERRAL TO PRO SE PRISONER
MEDIATION PROGRAM;
DIRECTIONS TO CLERK

On April 29, 2008, plaintiff, a California prisoner then incarcerated at the Correctional

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Training Facility at Soledad (“CTF”)1 and proceeding pro se, filed the above-titled civil

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rights action, alleging he was denied the right to participate in the California Department of

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Corrections and Rehabilitation (“CDCR”) firecamp program because of medical disability,

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specifically diabetes, and that the CDCR failed to accommodate his disability. The Court

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found plaintiff had stated cognizable claims under Title II of the Americans with Disabilities

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Act of 1990, 42 U.S.C. § 12101 (“ADA”), and ordered the complaint served.

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On March 30, 2012, the Court denied the parties’ cross-motions for summary

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judgment, and on April 25, 2012, the Court referred the matter to Magistrate Judge Nandor

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Vadas for settlement proceedings under the Northern District’s Pro Se Prisoner Mediation

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Program. A date has not yet been set for those proceedings.

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Plaintiff has been paroled and currently resides in Gardena, California.

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The parties have now advised the Court that they have agreed to a settlement of this

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cause, making the referral unnecessary, and that the agreed upon consideration will be

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delivered and a stipulated request for dismissal with prejudice filed within one hundred and

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eighty (180) days.

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Accordingly, the Court orders as follows:

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1.

Plaintiff’s claims against defendant CDCR are hereby DISMISSED without

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prejudice; provided, however, that if any party hereto shall certify to this Court, within one

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hundred and ninety (190) days, with proof of service of a copy thereon on the opposing party,

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that the agreed upon consideration for the settlement has not been delivered, the foregoing

United States District Court
For the Northern District of California

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order shall stand vacated and the action shall forthwith be restored to the calendar for further

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proceedings as appropriate.

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2.

The referral to the Pro Se Prisoner Mediation Program is hereby VACATED.

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3.

The Clerk shall close the file.

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4.

The Clerk is further directed to serve Magistrate Judge Vadas with a copy of

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this order.
IT IS SO ORDERED.
DATED: June 11, 2012
_________________________
MAXINE M. CHESNEY
United States District Judge

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