Nia v. Adams

Filing 100

ORDER Denying 99 Motion for Enforcement of Judgment signed by District Judge Lawrence J. O'Neill on 08/09/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AASIM NIA,

CASE NO. 1:08-CV-00520-LJO-DLB PC

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Plaintiff,

ORDER DENYING MOTION FOR
ENFORCEMENT OF JUDGMENT (DOC. 99)

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v.
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DERRAL ADAMS,
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Defendant.
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/
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Plaintiff Aasim Nia (“Plaintiff”) is a prisoner in the custody of the California Department

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of Corrections and Rehabilitation. Plaintiff was proceeding pro se in a civil rights action

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pursuant to 42 U.S.C. § 1983. This action was proceeding against Defendant Derral Adams for

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violation of the Equal Protection Clause of the Fourteenth Amendment. On February 23, 2011, a

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jury verdict was entered in this action against Defendant Adams. Nominal damages were

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awarded in the amount of $1.00, and judgment was entered accordingly. Pending before the

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Court is Plaintiff’s motion, filed June 29, 2011, seeking enforcement of the judgment.

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Plaintiff contends that he has not received in his prison trust account the $1.00 that was

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awarded. The Court does not generally issue orders enforcing judgments simply because a

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verdict has been rendered. Plaintiff is required to use the procedures that are available for

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enforcement of judgment. See, e.g., Fed. R. Civ. P. 64 (describing seizure of property for

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enforcement of judgment, under the law of the state where court is located); Fed. R. Civ. P. 69

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(describing enforcement of money judgment by writ of execution, in accord with the procedure
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of the state where court is located).

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Based on the foregoing, it is HEREBY ORDERED that Plaintiff’s motion for

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enforcement of judgment, filed June 29, 2011, is DENIED.

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IT IS SO ORDERED.

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Dated:
b9ed48

August 9, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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