Kunkel v. Dill et al

Filing 206

ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/13 ordering plaintiff's 11/06/13 motion 203 is denied without prejudice. (cc: KJN) (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 November 6, 2013, plaintiff

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filed a motion, signed October 25, 2013, asking the court to contact prison officials to obtain

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payment of the settlement proceeds. (ECF No. 203.) On November 22, 2013, plaintiff filed a

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letter, signed November 17, 2013, stating he had not yet received the settlement check. (ECF No.

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205.) On November 26, 2013, counsel for defendants filed a response stating that the settlement

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funds were posted to plaintiff’s account, and asked plaintiff to check his account again. (ECF No.

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204.) More than seven days have passed, Local Rule 230(l), and plaintiff has not responded to

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defendants’ response to plaintiff’s motion.
In light of defendants’ response, and plaintiff’s failure to reply, it appears that plaintiff has

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received the settlement proceeds. Thus, plaintiff’s motion is denied without prejudice.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s November 6, 2013 motion (ECF

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No. 203) is denied without prejudice.

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Dated: December 18, 2013

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/kunk0686.den

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