Kunkel v. Dill et al

Filing 196

ORDER signed by Magistrate Judge Kendall J. Newman on 08/05/13 ordering the undersigned will address the pending motion to cancel the settlement agreement once the court reviews the transcript from the settlement placed on the court record. (Plummer, M)(cc: KJN) Modified on 8/5/2013 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK KUNKEL,

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No. 1:09-cv-0686 BAM P

Plaintiff,

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v.

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N. DILL, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel. On June 10, 2013, plaintiff filed a

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motion to cancel the settlement agreement. Having conducted the settlement agreement, the

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undersigned should address plaintiff’s motion. The transcript from the May 6, 2013 settlement

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conference has been ordered. It appears that plaintiff’s primary reason for seeking to set aside the

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settlement is the delay in receiving payment. Ironically, the payment cannot be processed until

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plaintiff signs and returns the paperwork forwarded to him by defense counsel. Therefore, any

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delay seems due to plaintiff’s unwillingness to sign and return the papers. Nevertheless, the

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undersigned will address the pending motion once the court reviews the transcript from the

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settlement placed on the court record.

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Dated: August 5, 2013

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kunk0686.ord

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