Jenkins

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE LUEVANO, No. 2:22-cv-0091 KJN P Plaintiff, v. ORDER ANTHONY JENKINS, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se and in forma paupers, with an action brought under 42 U.S.C. § 1983. On Augusts 21, 2023, plaintiff renewed his opposition to defendants’ motion to opt out of the settlement conference, demands a settlement conference, and renews his request for appointment of counsel. On August 3, 2023, the undersigned found good cause to grant defendants’ motion to opt out of the settlement conference, following consideration of plaintiff’s prior opposition to the motion. (ECF No. 42.) Indeed, on August 15, 2023, defendants filed a motion for summary judgment claiming that plaintiff failed to exhaust his administrative remedies prior to filing the instant action. Because defendants are pursuing their affirmative defense of exhaustion of administrative remedies, it is premature…