James v. Maguire et al
Filing
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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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