Opinion
22-cv-04483 BLF (PR)
02-07-2023
MICHAEL JOSEPH PAGALING, Plaintiff, v. NAPA STATE HOSPITAL, Defendant.
ORDER DENYING MOTION FOR JUDICIAL ARBITRATION AS PREMATURE
(DOCKET NO. 13)
BETH LABSON FREEMAN, UNITED STATES DISTRICT JUDGE
Plaintiff, a state prisoner, filed a civil rights complaint the Napa State Hospital (“NSH”), where he is currently confined. Dkt. No. 1 at 3. On December 5, 2022, the Court screened the complaint and found it stated a cognizable claim under the Americans with Disabilities Act (“ADA”) and ordered the matter served on Defendants. Dkt. No. 8. A Request for Waiver was sent to Defendants on December 7, 2022. Dkt. No. 9.
On January 25, 2023, Plaintiff filed a “motion to proceed via judicial arbitration,” seeking a settlement in this matter. Dkt. No. 13. However, Defendant has not yet appeared in this matter, and it is too early to consider whether settlement is appropriate. Accordingly, the motion is DENIED as premature.
This order terminates Docket No. 13.
IT IS SO ORDERED.