(PC) Thomas v. Antipov et al, No. 2:2011cv01138 - Document 163 (E.D. Cal. 2017)

Court Description: ORDER granting in full 155 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 1/5/17. Plaintiff's 147 motion for a second settlement conference is DENIED without prejudice. Plaintiff is GRANTED 30 da ys in which to file a new motion for a second settlement conference with Judge Newman. Ruling on defendants' 149 motion to enforce the settlement agreement is deferred until the resolution of the new motion for a second settlement conference filed by plaintiff or the date on which the time for filing such a motion passes. (Kastilahn, A)
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(PC) Thomas v. Antipov et al Doc. 163 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMAAL THOMAS, 12 No. 2:11-cv-01138-MCE-EFB P Plaintiff, 13 v. 14 ANTIPOV, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 3, 2016, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Despite multiple 23 extensions of time granted to plaintiff, neither party has filed objections to the findings and 24 recommendations. 25 The court has reviewed the file and finds the findings and recommendations to be 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 1. The findings and recommendations filed August 3, 2016, are adopted in full. 1 Dockets.Justia.com 1 2 3 2. Plaintiff’s motion for a second settlement conference (ECF No. 147) is denied without prejudice. 3. Plaintiff is granted 30 days in which to file a new motion for a second settlement 4 conference with Judge Newman. Such a motion must describe the portions of the agreement 5 plaintiff does not understand and indicate that plaintiff has discussed those portions with defense 6 counsel prior to filing the motion. 7 4. Ruling on defendants’ motion to enforce the settlement agreement (ECF No. 149) is 8 deferred until the resolution of the new motion for a second settlement conference filed by 9 plaintiff or the date on which the time for filing such a motion passes. 10 11 IT IS SO ORDERED. Dated: January 5, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2