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DEREK TATE, Plaintiff, v. J. ANDRES, Defendant.

ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE

ORDER

ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Defendant moved for partial summary judgment and sought dismissal of plaintiff's retaliation claim. ECF No. 72. The motion was granted, and plaintiff's retaliation claim has been dismissed. ECF No. 89. This case is therefore ready to proceed to trial on plaintiff's excessive force claim. Id. However, the court has determined that this case would benefit from a settlement conference before pretrial and trial dates are set. Therefore, this case will be scheduled for a settlement conference. Under Local Rule 270(b), because the undersigned is not the trial judge, the undersigned may conduct the settlement conference, “except that, at the time the settlement conference is scheduled or as otherwise ordered by the Court, any party may request that the conference not be conducted by the assigned Magistrate Judge.” //// ////

Accordingly, IT IS HEREBY ORDERED that within fourteen days of the service of this order, any party may request that the settlement conference be conducted by a magistrate judge other than the undersigned. If no party requests a different magistrate judge, a settlement conference will be scheduled before the undersigned.

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Tate v. Andres
(Sep 1, 2022)