Opinion
2:20-cv-02387 WBS KJN P
12-20-2021
[PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO OPT OUT OF EARLY SETTLEMENT CONFERENCE AND LIFTING THE STAY
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE.
Plaintiff is a state prisoner, proceeding without counsel, in this civil rights action brought under 42 U.S.C. § 1983. On December 10, 2021, defendant filed a motion to opt out of the Court's alternative dispute resolution program.
Good cause appearing, IT IS HEREBY ORDERED that:
1. Defendant's motion to opt out (ECF No. 30) is granted;
2. The ADR settlement conference scheduled for January 4, 2022, before Magistrate Judge Allison Claire is vacated;
3. The November 10, 2021 writ of habeas corpus ad testificandum is vacated;
4. The stay of this action is lifted;
5. Defendant shall file a responsive pleading within thirty days from the date of this order; and
6. The Clerk of the Court is directed to serve a copy of this order on the Warden, California Health Care Facility, 7707 Austin Road, Stockton, CA 95215, and serve a copy of this order via fax on the Litigation Office at the California Health Care Facility at (209) 467-2676 or via email. Dated: December 20, 2021