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Rene Medina v. Kathleen Dickinson

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


October 17, 2011

RENE MEDINA, PLAINTIFF,
v.
KATHLEEN DICKINSON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

By order filed on October 14, 2011, plaintiff's September 14, 2011, motion for appointment of counsel was denied. Subsequent to the filing of his request for a "re-appointment of counsel" but prior to the issuance of this court's denial, plaintiff filed a motion to continue his deposition, apparently noticed for October 14, 2011, pending the court's ruling on the request for counsel.

There was and is no adequate basis for the court to consider a continuance of the deposition. In the August 25, 2011, order granting plaintiff's counsel's motion to withdraw,*fn1 the court was clear that plaintiff would have to continue in this action pro se. Moreover, the court's Discovery and Scheduling Order, filed on June 2, 2011, has long set the discovery cut-off date as October 14, 2011. The request for continuance of plaintiff's deposition will be denied nunc pro tunc.

Plaintiff has also filed a motion for his case to be referred to the "prisoner pro se settlement program." Docket # 41. The undersigned will direct a response from defendants as to whether they would be amenable to the setting of a settlement conference in this matter at this time.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's October 7, 2011 (docket # 40) motion for a continuance of plaintiff's deposition is denied nunc pro tunc; and

2. Defendants are to inform the court, within seven (7) days, of their position with regard to plaintiff's pending request, filed on October 12, 2011 (docket # 41), for this case to be set for a settlement conference.

GGH:009 medi0502.ord2


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