Pickens v. Pelican Bay State Prison

Filing 91

ORDER SETTING SCHEDULE FOR PRO SE SETTLEMENT PROGRAM PROCEEDINGS; STAYING CASE PENDING SETTLEMENT PROCEEDINGS. Signed by Judge Jeremy Fogel on 12/8/08. (dlm, COURT STAFF) (Filed on 12/17/2008)

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TODD D. PICKENS, Plaintiff, v. PELICAN BAY STATE PRISON, et al., Defendants. / No. C 04-02621 JF (PR) ORDER SETTING SCHEDULE FOR PRO SE SETTLEMENT PROGRAM PROCEEDINGS; STAYING CASE PENDING SETTLEMENT PROCEEDINGS

Plaintiff, a California prisoner proceeding pro se, filed the instant civil rights action pursuant to 42 U.S.C. § 1983. After finding that the second amended complaint, when liberally construed, stated cognizable claims for relief, the Court ordered it served upon seven named Defendants, whom Plaintiff identified as officials of Pelican Bay State Prison ("PBSP"), where Plaintiff formerly was housed. Defendant Duncan filed a motion to dismiss and Defendant Allen filed two motions to dismiss and a motion for summary judgment. The Court granted Defendant Duncan's motion to dismiss and Defendant Allen's motion for summary judgment. On December 1, 2008, Defendant Northrup and Plaintiff filed a stipulation to request the Court to refer the case to the Pro Se Prisoner Settlement Program. (Docket No. 86.) The Court granted the referral on December 2, 2008. (See Docket No. 87.)
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The Court orders the settlement proceedings to take place in accordance with the schedule set forth below and STAYS the case pending settlement proceedings. All Defendants who have been served as of the date of the settlement conference are to participate in the proceedings.

DISCUSSION The Northern District of California has established a Pro Se Prisoner Settlement Program. Certain prisoner civil rights cases may be referred to a neutral magistrate judge for prisoner settlement proceedings. The proceedings will consist of one or more conferences as determined by Magistrate Judge Nandor Vadas. The conferences shall be conducted with Defendant or Defendant's representative attending by videoconferencing if they so choose. The instant case has been referred to Magistrate Judge Vadas for settlement proceedings pursuant to the Pro Se Prisoner Settlement Program. The proceedings shall take place within ninety (90) days of the date of this order. Magistrate Judge Vadas shall coordinate a time and date for a settlement conference with all interested parties or their representatives and, within ten (10) days after the conclusion of the settlement proceedings, file with the Court a report regarding the prisoner settlement proceedings. The Clerk of Court shall deliver the court file or a copy thereof, including a copy of this order, to Magistrate Judge Vadas in Eureka, California. The instant case is STAYED pending the settlement conference proceedings. IT IS SO ORDERED. ________________________ JEREMY FOGEL United States District Judge

12/8/08 22 Dated: _________________ 23 24 25 26 27 28

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