Opinion
2:20-cv-1032 JAM DB P
06-24-2021
VICTORY ILSUNG, Plaintiff, v. MICHAEL YEH, Defendant.
ORDER
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE
Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff claims defendant violated his rights under the Eighth Amendment by failing to provide treatment and accommodation for a serious medical condition.
On June 21, 2021, defendant filed a motion to opt out of the post-screening ADR project. (ECF No. 18.) Defendant argues the court should grant the motion to opt out because after speaking with plaintiff by mail they have determined that a settlement conference would not be productive. (Id. at 2.) After reviewing the motion, the court finds good cause to grant defendant's motion.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendant's motion to opt out (ECF No. 18) is granted and the stay of this action is lifted;
2. The settlement conference scheduled for September 28, 2021 is vacated;
3. Within twenty-one days from the date of this order, defendant shall file a responsive pleading.