Tate v. Andres, 2:18-cv-0822 AC P. (2019)
Court: District Court, E.D. California
Number: infdco20190827805
Visitors: 11
Filed: Aug. 23, 2019
Latest Update: Aug. 23, 2019
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. 1983. By order filed August 5, 2019, this case was referred to the court's Post-Screening ADR (Alternative Dispute Resolution) Project and stayed for a period of 120 days. ECF No. 21. That order provided defendant the opportunity to request opting out of the ADR Project based on a good faith belief that a settlement confe
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. 1983. By order filed August 5, 2019, this case was referred to the court's Post-Screening ADR (Alternative Dispute Resolution) Project and stayed for a period of 120 days. ECF No. 21. That order provided defendant the opportunity to request opting out of the ADR Project based on a good faith belief that a settlement confer..
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ORDER
ALLISON CLAIRE, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. By order filed August 5, 2019, this case was referred to the court's Post-Screening ADR (Alternative Dispute Resolution) Project and stayed for a period of 120 days. ECF No. 21. That order provided defendant the opportunity to request opting out of the ADR Project based on a good faith belief that a settlement conference would be a waste of resources. Id. at 2. Defendant has now filed a notice stating that he is opting out of the Post-Screening ADR Project and requesting that the court re-set his deadline to respond to the complaint. ECF No. 22. Defendant's notice will be construed as a request, and the request will be granted.1
Accordingly, IT IS HEREBY ORDERED that:
1. Defendants' request to opt out of the Post-Screening ADR Project (ECF No. 22) is GRANTED.
2. The stay of this action, commencing August 5, 2019 (ECF No. 21), is LIFTED.
3. Within twenty-one days of the filing of this order, defendant shall file a response to the complaint.
FootNotes
1. Counsel for defendant is advised that in the future, they must move to opt out of the Post-Screening ADR Project, and any such motions should affirm that counsel has taken the steps outlined in the order referring the case to the Post-Screening ADR Project and give a reason for the decision to opt out.
Source: Leagle
