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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

EARNEST CASSELL WOODS, II, 

Plaintiff, 

v. 

TOM L. CAREY, et al., 

Defendants. 

No. 2:04-cv-01225 MCE AC P 

ORDER 

 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this action filed 

pursuant to 42 U.S.C. § 1983, which proceeds on the amended complaint filed on October 28, 

2004. 

This case has a long and complicated procedural history that includes multiple dispositive 

motions, a trial, and appeal. See ECF No. 315 at 2-4. Defendant Cervantes has now requested a 

settlement conference. ECF No. 334. Prior to Cervantes’ request, plaintiff filed a motion to 

appear at the settlement conference, which appears to have been filed in response to defendant’s 

attempt to determine if plaintiff was interested in trying to settle the case. ECF No. 333. Since it 

appears to the court that both parties are interested in pursuing settlement and that this case will 

benefit from a settlement conference, defendant Cervantes’ request for a settlement conference 

will be granted. Before assigning a settlement judge, however, the court needs to know if the 

parties will agree to the undersigned serving as the settlement judge, waiving any conflict that 

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may arise as a result. Defendant has already indicated that he would be willing to waive any 

conflict. ECF No. 334. 

In addition to requesting a settlement conference, defendant Cervantes also requests that 

the court’s order to satisfy the 2009 judgment against him1 and file a notice of compliance be 

stayed until the conclusion of the settlement conference. Id. This request will be granted. 

Finally, in his motion to attend the settlement conference, plaintiff has requested that he 

be permitted to appear in civilian clothes and that he be permitted to bring his siddur and tallit if 

he has to travel to Sacramento. ECF No. 333. Since the settlement conference will be before a 

magistrate judge only and a jury will not be present, plaintiff’s request to appear in civilian 

clothes will be denied. With respect to plaintiff’s request to bring his siddur and tallit, to the 

extent plaintiff is seeking an order from the court that he be allowed to bring these items with 

him, his request will be denied. Plaintiff should address his request to the appropriate individuals 

at the institution where he is housed. If prison authorities approve plaintiff’s request, he may 

bring his siddur and tallit to the settlement conference. 

Accordingly, IT IS HEREBY ORDERED that: 

1. Defendant Cervantes’ request for a settlement conference (ECF No. 334) is granted. 

Within fourteen days of the filing of this order, the parties shall each file a signed Notice of 

Waiver of Disqualification if they wish to consent to the undersigned serving as settlement judge. 

Failure of either party to file a waiver will result in this case being randomly assigned to another 

magistrate judge for purposes of conducting a settlement conference. Further instructions will 

issue once a settlement judge is assigned. 

2. Defendant Cervantes’ request to stay the court’s September 29, 2014 order directing 

him to satisfy the 2009 judgment until the conclusion of the settlement conference (ECF No. 334) 

is granted. 

3. Plaintiff’s request to appear at the settlement conference in civilian clothes (ECF No. 

 

1

 Plaintiff was awarded $500 in compensatory damages and $1000 in punitive damages. ECF 

Nos. 230. The award for compensatory damages was satisfied on November 14, 2014. ECF No. 

332. 

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333) is denied. 

4. Plaintiff’s request to bring his siddur and tallit to the settlement conference (ECF NO. 

333) is denied to the extent he seeks an order from the court requiring that he be permitted to 

bring the items with him. The request is granted to the extent that if prison authorities allow 

plaintiff to be transported with his siddur and tallit, he will be permitted to have them with him at 

the settlement conference. 

DATED: April 15, 2015 

 

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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

EARNEST CASSELL WOODS, II, 

Plaintiff, 

v. 

TOM L. CAREY, et al., 

Defendants. 

No. 2:04-cv-01225 MCE AC P 

NOTICE OF WAIVER OF 

DISQUALIFICATION OF SETTLEMENT 

JUDGE PURSUANT TO LOCAL RULE 

270(b) 

 

Plaintiff, a state prisoner proceeding pro se, requests that the assigned Magistrate Judge 

participate in a settlement conference in this action and hereby waives any claim of 

disqualification of the assigned Magistrate Judge on that basis thereafter. 

DATED: 

 ______________________________________ 

 EARNEST CASSELL WOODS, II 

 Plaintiff pro se 

 

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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

EARNEST CASSELL WOODS, II, 

Plaintiff, 

v. 

TOM L. CAREY, et al., 

Defendants. 

No. 2:04-cv-01225 MCE AC P 

NOTICE OF WAIVER OF 

DISQUALIFICATION OF SETTLEMENT 

JUDGE PURSUANT TO LOCAL RULE 

270(b) 

 

Defendant requests that the assigned Magistrate Judge participate in a settlement 

conference in this action and hereby waives any claim of disqualification of the assigned 

Magistrate Judge on that basis thereafter. 

DATED: 

 ______________________________________ 

 Attorney for Defendant Cervantes 

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