Nieves
(PC) Calloway v. Nieves
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMISI JERMAINE CALLOWAY, No. 2:19-cv-01792-DJC-CKD-P Plaintiff, v. ORDER REQUIRING PRETRIAL D. NIEVES, et al., STATUS REPORT Defendants. 16 Plaintiff is a state prisoner proceeding without a lawyer in this civil rights action filed pursuant to 42 U.S.C. § 1983. On August 19, 2022, defendants’ motion for summary judgment was denied with respect to the Eighth Amendment excessive force claim against defendant Nieves based on his use of a metal baton against plaintiff on November 19, 2015. ECF No. 119. Since that time, several settlement conferences have been conducted, without success. ECF Nos. 121, 126, 129, 130, 133, 136, 141. Due to the difficulties encountered in obtaining plaintiff’s participation and presence at these settlement conferences held via Zoom, several issues need to be resolved before this matter can be set for a jury trial. Therefore, the parties are ordered to meet and confer for the purpose…