ALLISON CLAIRE, Magistrate Judge.
Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
Discovery has closed. Plaintiff has filed several motions for miscellaneous relief.
On March 30, 2018, plaintiff filed a motion for sanctions. ECF No. 44. Defendant Miller filed an opposition to the motion on April 11, 2018, and on April 16, 2018, defendant Hutson filed an opposition to it.
Plaintiff's motion for sanctions is difficult to decipher. However, it appears that plaintiff is asking the court to impose monetary sanctions on defendants for failing to respond to discovery requests plaintiff sent to them.
Defendant Miller states that the motion should be denied because he timely served responses to plaintiff's written discovery.
A review of plaintiff's prison mail log shows that he received mail from defendant Miller's counsel.
Defendant Hutson states that plaintiff's motion should be denied because (1) plaintiff served him at the wrong address, and (2) prior to filing the motion for sanctions, plaintiff failed to attempt to meet and confer with him as required by Federal Rule of Civil Procedure 37(a)(1) and Local Rule 251.
Based upon the parts of plaintiff's reply that the court can understand, it appears plaintiff is arguing that because defense counsel failed to promptly file a change of address form, defendant Hutson should still be sanctioned because this has "hindered [his] execution of this case."
Plaintiff's motion for sanctions was premature, because he did not first attempt to communicate with defendants Miller and Hutson about the discovery problems. Moreover, plaintiff has provided no basis for the imposition of sanctions. It appears that plaintiff has received responses to his discovery requests, and he has not identified any sanctionable defects in those responses. Accordingly, his motion to sanction defendants Miller and Hutson (ECF No. 44) will be denied.
On April 19, 2018, plaintiff filed a motion for a protective order, ECF No. 49, which seeks to prevent his deposition scheduled for April 27, 2018. Plaintiff bases this motion on defendant's alleged failure to provide discovery. ECF No. 49 at 1-2. Defendants did not respond to this motion. Plaintiff's deposition date has long since passed, so this motion is likely moot. However, the motion would be denied in any case because plaintiff failed to provide any legal grounds for halting his deposition. To the extent plaintiff relies on defendants' alleged failure to respond to discovery, plaintiff has failed to identify any discovery violation.
On April 9, 2018, plaintiff filed an "interlocutory legal notice." ECF No. 46. To the extent that the court can understand it, this document requests a settlement conference.
On May 17, 2018, plaintiff filed a "motion for immediation [sic] hearing." ECF No. 52 (brackets added). The Clerk of Court construed and docketed this as a motion for a mediation hearing. In this motion, plaintiff appears to allege that defendant Hutson's counsel "expos[ed] confidential information from [my] health care records without consent."
On September 10, 2018, plaintiff filed a document that he called a "Declaration of Municipal Code Section," and that the Clerk of Court construed and docketed as another motion for a settlement conference. ECF No. 70. In the portion of the motion that is intelligible, plaintiff asks for a settlement conference.
Defendants have not responded to these motions.
There is no right to a settlement conference or mediation services. The court does not find that a court settlement conference or other alternative dispute resolution process would be appropriate at this time. Accordingly, these motions will be denied.
For the reasons explained above, IT IS HEREBY ORDERED that: