(PC) Houston v. Baker ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HOUSTON, No. 2:18-cv-1271-KJM-EFB P 12 Plaintiff, 13 v. ORDER REQUESTING CONFIDENTIAL SETTLEMENT STATEMENTS FOR 14 BAKER, PRISONER SETTLEMENT PROGRAM AND DENYING PLAINTIFF’S MOTION FOR 15 Defendant. “MANDATORY PHONE ACCESS” 16 17 The parties to this action shall each, no later than thirty (30) days from the date of the 18 order, submit confidential statements as described below. The confidential statements shall not 19 be served on the opposing party or filed with the court, but instead, delivered by mail, fax, email 20 or personal delivery to the court’s Alternative Dispute Resolution (ADR) division at the address, 21 fax number or email address below and marked “Confidential.” Such statements shall be limited 22 to five (5) pages and shall include the following: 23 1. The party’s assessment of whether the instant action is of the type that would 24 benefit from a settlement proceeding; 25 2. The party’s assessment of what factors, if any, will prevent settlement of this 26 matter prior to trial; and 27 3. Any additional information the court may find useful in determining whether to set 28 this matter for a settlement conference. 1 Should the court determine that this action is appropriate for referral to the Prisoner 2 | Settlement Program, it will set this matter for settlement conference before a magistrate judge or 3 | district judge. If not, the court will direct the parties to file pretrial statements. 4 Further, the court declines to interfere with the day-today operation of the prison where 5 || plaintiff is confined; therefore, plaintiffs motion for “mandatory phone access” (ECF No. 48) is 6 | denied. See Turner v. Safley, 482 U.S. 78, 84-86 (1987); Wright v. Rushen, 642 F.2d 1129, 1132 7 | (9th Cir. 1981) (courts should avoid enmeshing themselves in minutiae of prison operations in 8 || name of constitution). 9 IT IS SO ORDERED. 10 | DATED: March 5, 2020. EDMUND F. BRENNAN 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 cc: ADR Division, Attention: Sujean Park 16 US District Court 501 I Street, Suite 4-200 17 Sacramento, CA 95814 Fax: (916) 491-3912 18 email: spark @caed.uscourts.gov 19 20 21 22 23 24 25 26 27 28