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Harrison L. Burton v. Mcdonald

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


March 27, 2012

HARRISON L. BURTON, PLAINTIFF,
v.
MCDONALD, WARDEN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff, a state prisoner who is Muslim, is proceeding without counsel, and consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and 42 U.S.C. § 2000cc-1, the Religious Land Use and Institutionalized Persons Act ("RLUIPA"). His claims arise from his alleged inability to practice his religion at High Desert State Prison based on his allegations that he is denied access to Jumu'ah services and Halal meals. Plaintiff seeks solely injunctive relief.

Upon review, the court finds it appropriate to refer this action to the Prisoner Settlement Program and set it for an early telephonic status/mediation conference before the undersigned on June 5, 2012, at 9:00 a.m. A separate order and writ of habeas corpus ad testificandum will be issued herewith to secure plaintiff's telephonic attendance at the conference.

Accordingly, IT IS HEREBY ORDERED as follows:

1. This case is set for an early telephonic status/mediation conference on June 5,

2012, at 9:00 a.m., before the undersigned.

2. Defendants' lead counsel and a person with full authority to negotiate and enter into a binding settlement on defendants' behalf shall attend in person.*fn1 *fn2

3. Those in attendance must be prepared to discuss the claims, defenses, and damages. The failure of any counsel, party or authorized person subject to this order to appear in person may result in the imposition of sanctions. In addition, the conference will not proceed and will be reset to another date.

4. The parties may provide confidential settlement conference statements, if appropriate, to the undersigned by U.S. mail or via email at kjnorders@cand.uscourts.gov, so that they arrive no later than June 1, 2012.

5. The Clerk of the Court is directed to serve a copy of this order on the supervising Deputy Attorney General, William Kwong, Office of the California Attorney General, 455 Golden Gate Ave., Suite 11000, San Francisco, CA 94102; and the Litigation Office at High Desert State Prison at fax number 530-251-5031.


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