Chess v. Dovey

Full title: MICHAEL CHESS, Plaintiff, v. J. DOVEY, et al., Defendants

Court: United States District Court, E.D. California

Date published: May 26, 2011

No. CIV S-07-1767 LKK DAD P (E.D. Cal. May. 26, 2011)

Opinion

No. CIV S-07-1767 LKK DAD P.

May 26, 2011

ORDER

DALE DROZD, Magistrate Judge

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On February 15, 2011, the undersigned issued findings and recommendations, recommending that the motion for summary judgment filed on behalf of defendants be denied with respect to plaintiff's claims that the defendants denied him constitutionally adequate medical treatment for his pain and that the defendants knowingly prescribed him medication that was harmful to his liver. On March 30, 2011, the assigned district judge adopted those findings and recommendations in full.

In due course, the court will issue a further scheduling order setting dates for pretrial statements, pretrial conference, and jury trial. However, before issuing the scheduling order, the court will set a mandatory settlement conference in this case. Pursuant to Local Rule 270(b), the parties will be directed to inform the court in writing as to whether they wish to proceed with the settlement conference before the undersigned magistrate judge or if they wish to proceed before a randomly-assigned magistrate judge.

Accordingly, IT IS HEREBY ORDERED that:

1. Within twenty-one days of the date of this order, each party shall inform the court in writing as to whether they wish to proceed with the settlement conference before the undersigned magistrate judge or if they wish to proceed before a randomly-assigned magistrate judge. If the parties wish to proceed before the undersigned magistrate judge, each party shall return to the court the consent form for settlement conferences provided with this order. If the parties do not wish the undersigned magistrate judge to preside at the settlement conference, each party shall file a declaration stating he wishes to proceed before a randomly-assigned magistrate judge; and

2. The Clerk of the Court is directed to send each party the consent form for settlement conferences.

DATED: May 25, 2011.

NOTICE OF WAIVER OF DISQUALIFICATION OF SETTLEMENT JUDGE PURSUANT TO LOCAL RULE 270(b)

Plaintiff/Defendant Name hereby requests that the assigned Judge/Magistrate Judge participate in a settlement conference in this action and hereby waives any claim of disqualification of the assigned Judge/Magistrate Judge on that basis thereafter.