CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LENOIR SMITH, No. 2:18-cv-2942 KJM AC P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATIONS, et al., Defendants. 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is plaintiff’s motion for sanctions. ECF No. 90. For the reasons set forth below, the motion for sanctions is denied. I. Procedural History This case was set for a pretrial settlement conference, which was originally set before the undersigned for September 28, 2023. ECF No. 74. The court issued a writ of habeas corpus ad testificandum ordering that plaintiff’s custodian produce him on that date. ECF No. 75. On September 25, 2023, the court, on its own motion, rescheduled the settlement conference for January 30, 2024. ECF No. 77. Plaintiff filed a motion to opt out of the settlement conference, ECF No. 78, which the court…