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Leonard Farley v. Doctor E. Capot

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 3, 2010

LEONARD FARLEY,
PLAINTIFF,
v.
DOCTOR E. CAPOT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

/

ORDER DENYING PLAINTIFF'S MOTION FOR A SETTLEMENT CONFERENCE (ECF No. 47)

Plaintiff Leonard Farley ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The action is proceeding on Plaintiff's Amended Complaint, filed August 28, 2007 (ECF No. 15). Plainitff's complaint alleges Defendant Harold Tate was deliberately indifferent to a serious medical need in violation of the Eighth Amendment.

On August 9, 2010, Plaintiff filed a motion requesting a settlement conference. (ECF No. 47.) In this type of action, settlement conferences are not set automatically. Local Rule 240(c)(8). A settlement conference will set only if both sides notify the Court that they believe a settlement conference may be beneficial or desirable. Local Rule 270(a). Defendant Tate has not so notified the Court. Therefore, Plaintiff's motion for a settlement conference is denied, albeit without prejudice.

This court encourages settlement conferences. If, as the case progresses, both sides come to agree that a settlement conference could be productive, the Court will undertake to accommodate them.

Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for a Settlement Conference is DENIED.

IT IS SO ORDERED.

/s/

ci4d6

20101203

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