Marcus D. Johnson v. Mallari, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS D. JOHNSON, No. 1:26-cv-03883-SAB (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR SETTLEMENT CONFERENCE AS 13 v. PREMATURE 14 MALLARI, et al., (ECF No. 9) 15 Defendants. 16 17 18 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 19 U.S.C. § 1983. 20 On June 1, 2026, Plaintiff filed a motion requesting the Court to set a settlement 21 conference. (ECF No. 9.) 22 The Court notes it is required to screen complaints brought by prisoners seeking relief 23 against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 24 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or 25 malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 26 relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915A(b)(1), (2); 28 27 U.S.C. § 1915(e)(2)(B)(ii). Here, the Court has yet to screen Plaintiff's complaint as his 28 complaint was stricken from the record for lack of signature. (ECF No. 8.) Thus, because the 1 | Court has not determined that the complaint states a cognizable claim against anyone, directing 2 || service on any individual is premature. So, too, would be an order requiring parties who have not 3 || yet been served or appeared in this litigation to participate in settlement discussions. Indeed, the 4 | Court notes that the pendency of this action does not give it jurisdiction over prison officials in 5 | general. Summers v. Earth Island Inst., 555 U.S. 488, 491-93 (2009); Mayfield v. U.S., 599 F.3d 6 | 964, 969 (9th Cir. 2010). Rather, the Court’s jurisdiction is limited to the parties in this action and 7 || to the viable legal claims upon which this action is proceeding. Summers, 555 U.S. at 491-93; 8 | Mayfield, 599 F.3d at 969. Ifit is determined that Plaintiff states a cognizable claim and the 9 | Court orders service of the complaint, it will sua sponte set a settlement conference if deemed 10 | appropriate. Thus, Plaintiffs motion is premature, and must be denied at this time. 1] D IT IS SO ORDERED. tf (Sc 13 | Dated: _June 2, 2026 _ _PFA ee STANLEY A. BOONE 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28