Harris v. Davis et al

Filing 33

ORDER STAYING ACTION AND REFERRING FOR EARLY SETTLEMENT PROCEEDINGS. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 11/7/2018. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 11/7/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAURICE L. HARRIS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-03269-HSG (PR)

v.
RON DAVIS, et al.,

ORDER STAYING ACTION AND
REFERRING FOR EARLY
SETTLEMENT PROCEEDINGS

Defendants.

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Plaintiff, an inmate at San Quentin State Prison (“SQSP”), filed this pro se civil rights

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action under 42 U.S.C. § 1983. On December 27, 2017, the Court found that plaintiff had stated a

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claim for violation of his religious rights and ordered service on two defendants, SQSP Warden

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Ronald Davis and CDCR’s former Director of Adult Institutions Kelly Harrington. On September

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12, 2018, the Court substitute the current CDCR Director of Adult Institutions, Kathleen Allison,

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for Kelly Harrington pursuant to Federal Rule of Civil Procedure 25(d). Defendants have been

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served and have appeared through counsel.

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The Court notes that by way of the instant action, plaintiff seeks only injunctive relief in

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the form of increased access to religious texts. Given the limited nature of the relief sought, the

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Court finds this action suitable for early settlement proceedings before a magistrate judge.

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Accordingly, good cause appearing,

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1. The schedule for dispositive motions set forth in the Court’s September 12, 2018 order

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is VACATED. The Court will set a new briefing schedule if the case does not settle.
2. The Court refers this action to Magistrate Judge Robert Illman pursuant to the Pro Se

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Prisoner Mediation Program for early settlement proceedings. Such proceedings shall take place

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within 120 days of the date this order is filed, or as soon thereafter as Magistrate Judge Illman’s

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calendar will permit. Magistrate Judge Illman shall coordinate a place, time, and date for one or

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more settlement conferences with all interested parties and/or their representatives and, within

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fifteen days of the conclusion of all settlement proceedings, shall file with the Court a report

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thereon.

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The Clerk shall forward a copy of this Order to Judge Illman’s chambers.

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3. The case is STAYED pending the settlement proceedings. The Clerk shall

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ADMINISTRATIVELY CLOSE the action until further order of the Court.
IT IS SO ORDERED.
Dated: 11/7/2018

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United States District Court
Northern District of California

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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