(PC) Moore v. Diaz ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TERRENCE JESSE MOORE, Case No. 1:20-cv-00865-AWI-EPG (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO SET SPEEDY TRIAL AND CANCEL 13 v. ALL SETTLEMENT CONFERENCES 14 HEATHER DIAZ, (ECF No. 41) 15 Defendant. 16 17 Terrence Jesse Moore (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On October 19, 2021, Plaintiff filed a motion to set a speedy trial and to cancel all 20 settlement conferences. (ECF No. 41). Plaintiff asks the Court to cancel all future settlement 21 conferences and to have the trial as soon as possible. Plaintiff states that he is ready to go to 22 trial and does not want to wait. Plaintiff does not believe that a settlement conference will be 23 productive. 24 Plaintiff’s motion will be denied. The Court has not set a settlement conference. 25 Moreover, depending on the posture of the case, the Court may require the parties to participate 26 in a settlement conference prior to trial, even if Plaintiff does not believe it will be productive. 27 As to Plaintiff’s request to have the trial as soon as possible, Defendant has until 28 December 17, 2021, to file a dispositive motion, and the Court will not set a trial date until after 1 || the dispositive motion deadline has passed and dispositive motions have been resolved or were 2 ||not filed. The Court notes that “the Speedy Trial Act does not apply in civil cases.” Sorg v. 3 || Rewards for Just., 2014 WL 1758066, at *5 (D. Utah Apr. 30, 2014) (citing 18 U.S.C. § 3161; 4 || United States v. Forty Thousand Dollars ($40,000.00) in U.S. Currency, 763 F.Supp. 1423, 5 || 1429 (S.D.Ohio 1991)). See also Webster v. Barr, 2021 WL 365121, at *1 (D. Kan. Feb. 3, 6 || 2021) (“The Speedy Trial Act does not apply to civil cases.”) (citing 18 U.S.C. § 3161; U.S. 7 Const. amend VI). 8 Accordingly, IT IS ORDERED that Plaintiff's motion to set a speedy trial and to cancel 9 |} all settlement conferences is DENIED. 10 4 IT IS SO ORDERED. ‘2 |! Dated: _ October 20, 2021 [sf ey — 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28