James v. Maguire et al

Filing 37

ORDER (Illston, Susan) (Filed on 3/15/2012) Modified on 3/15/2012 (tfS, COURT STAFF). Withdrawing referral to Pro Se prisoner meditation program, vacating 4/19/12 med/settlement conference. (Additional attachment(s) added on 3/15/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 DENNIS L. JAMES, 9 United States District Court For the Northern District of California 10 11 No. C 10-01795 SI Plaintiff, ORDER v. MAGUIRE CORRECTIONAL FACILITY, 12 Defendant. / 13 14 After the court granted in part and denied in part defendants' motion for summary 15 judgment, this action was referred to the pro se prisoner mediation program so that the parties 16 could attempt to resolve the matter. In the several months since the referral, plaintiff repeatedly 17 has been in and out of custody, and that has resulted in settlement conferences repeatedly being 18 reset. The settlement conference now set for April 19, 2012 is the fourth attempt to hold a 19 conference. The remaining defendant recently filed a motion for summary judgment, which 20 plaintiff has opposed. In order to move this action toward resolution, the best course is to 21 withdraw the referral of the action from the pro se prisoner mediation program and adjudicate 22 the pending motion for summary judgment. If the action survives the pending summary 23 judgment motion, the court then will consider whether to refer it again to the pro se prisoner 24 mediation program. Accordingly: 25 26 27 28 1. The referral of this action to the court's pro se prisoner mediation program is WITHDRAWN. The mediation/settlement conference set for April 19, 2012 is VACATED. 1 2 3 4 2. Defendant must file and serve on plaintiff any reply brief in support of the motion for summary judgment no later than April 6, 2012. IT IS SO ORDERED. Dated: March 15, 2012 _______________________ SUSAN ILLSTON United States District Judge 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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