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Zamaro v. Moonga

March 2, 2010

SAMMY ZAMARO, PLAINTIFF,
v.
G. MOONGA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION FOR ORDER THAT THE PARTIES PARTICIPATE IN MEDIATION

(Doc. 26.)

Plaintiff Sammy Zamaro, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 12, 2009. On February 1, 2010, Plaintiff filed a motion requesting an order forcing the parties to participate in mediation. (Doc. 26.) Plaintiff erroneously reads Local Rule 270*fn1 as requiring that an order for mediation issue upon motion by a party. (Doc. 26, Med. Mot., p. 2.) However, before a case will be ordered to mediation, both parties must notify the Court as to the applicability of mediation. While Plaintiff has indicated a willingness to proceed to mediation, Defendants have not. If Defendants feel that mediation would be beneficial, they need to advise the Court-- at which time the Court will ascertain its feasibility.

Accordingly, Plaintiff's motion for order that the parties participate in mediation, filed February 1, 2010, is hereby DENIED.

IT IS SO ...


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