Holt v. Stockman, et al

Filing 200

ORDER signed by Magistrate Judge Craig M. Kellison on 10/19/12 ordering that defendants shall file a response to plaintiff's 10/03/12 motion within 15 days of the date of this order. (cc: CMK) (Plummer, M) Modified on 10/22/2012 (Plummer, M).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VIRGIL E. HOLT, Plaintiff, 12 13 No. 1:04-CV-6073-MHM-P vs. ORDER 14 D.G. STOCKMAN, et al., 15 Defendants. 16 / 17 Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to 18 42 U.S.C. § 1983. Following a settlement conference, the matter was closed on May 10, 2012. 19 The matter is now before the undersigned pursuant to the District Judge’s October 16, 2012, 20 order issued incident to plaintiff’s October 3, 2012, motion for transcripts (Doc. 198). 21 In his October 3, 2012, filing, plaintiff seeks a transcript of the settlement 22 conference. According to plaintiff, it was agreed as part of the settlement that, if defendants did 23 not pay the settlement amount, he would be able to withdraw his acceptance of the settlement and 24 proceed with this litigation. Plaintiff states that, to date, he has not received any settlement 25 proceeds from defendants. Defendants shall file a response to plaintiff’s October 3, 2012 motion 26 and shall address in particular plaintiff’s claim that settlement proceeds have not been paid. 1 1 2 Accordingly, IT IS HEREBY ORDERED that defendants shall file a response to plaintiff’s October 3, 2012, motion within 15 days of the date of this order. 3 4 5 6 DATED: October 19, 2012 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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