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Zamaro v. Moonga

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


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 ORDERED.


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