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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DENNIS L. JAMES,

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United States District Court
For the Northern District of California

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No. C 10-01795 SI

Plaintiff,

ORDER

v.
MAGUIRE CORRECTIONAL FACILITY,

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Defendant.

/

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After the court granted in part and denied in part defendants' motion for summary

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judgment, this action was referred to the pro se prisoner mediation program so that the parties

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could attempt to resolve the matter. In the several months since the referral, plaintiff repeatedly

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has been in and out of custody, and that has resulted in settlement conferences repeatedly being

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reset. The settlement conference now set for April 19, 2012 is the fourth attempt to hold a

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conference. The remaining defendant recently filed a motion for summary judgment, which

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plaintiff has opposed. In order to move this action toward resolution, the best course is to

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withdraw the referral of the action from the pro se prisoner mediation program and adjudicate

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the pending motion for summary judgment. If the action survives the pending summary

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judgment motion, the court then will consider whether to refer it again to the pro se prisoner

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mediation program. Accordingly:

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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.

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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

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United States District Court
For the Northern District of California

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