(PC) Montenegro v. Anthony ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN M. MONTENEGRO, Case No. 1:21-cv-01449-JLT-HBK 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR A SETTLEMENT CONFERENCE 13 v. WITHOUT PREJUDICE AS PREMATURE 14 ANTHONY, GRISHAM, (Doc. No. 10) 15 Defendants. 16 17 Plaintiff, Juan M. Montenegro, is a current state prisoner proceeding pro se and in forma 18 pauperis on his complaint filed under 42 U.S.C. § 1983. (Doc. Nos. 1, 2). Pending before the 19 Court is Plaintiff’s motion requesting a settlement conference. (Doc. No. 10). 20 District courts possess inherent authority not governed “by rule or statute, but by control 21 necessarily vested in courts to manage their own affairs so as to achieve the orderly and 22 expeditious disposition of cases.” Dietz v. Bouldin, 136 S. Ct. 1885, 1892 (2016) (citations 23 omitted). And while this Court endeavors to handle all matters as expeditiously as possible, it has 24 “one of the heaviest caseloads in the nation” and operates under a declared judicial emergency 25 due to unfilled judicial vacancies, which is further exacerbated by the Covid-19 pandemic. See 26 Amended Standing Order in Light of Ongoing Judicial Emergency in the Eastern District of 27 California. 28 Plaintiff’s complaint, filed on September 29, 2021 (Doc. No. 1) still needs to be screened, 1 | and, if a cognizable claim is found, served on Defendants. (See generally docket). The Court 2 | acknowledges Plaintiff's request for a settlement conference, but Plaintiff's request will not be 3 | ripe until screening and service of Plaintiff's complaint is complete. The Court will screen 4 | Plaintiff's complaint in due course. The Court recommends that Plaintiff become familiar with 5 | Local Rules in order to understand how to structure and file a pleading as Plaintiff's motion 6 | requesting a settlement conference (Doc. No. 10) does not follow the requirements set forth in 7 | Local Rule 133. In particular, the motion does not have a caption or title describing the relief he 8 | is seeking. E.D. Cal. L.R. 133(g) (E.D. Cal 2022). 9 Accordingly, it is ORDERED: 10 Plaintiff's motion for a settlement conference (Doc. No. 10) is DENIED without prejudice 11 || as premature. 12 'S | Dated: _ May 10,2022 Mila Nh. fareh Base □□□ 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28