Shepard v. Quillen

Filing 192

ORDER Requiring Defendant to Respond to Plaintiff's 191 Motion for Funds, signed by Magistrate Judge Barbara A. McAuliffe on 8/1/17. Response Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,

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v.

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J. WISE,

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Defendant.

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Case No.: 1:09-cv-00809-BAM (PC)
ORDER REQUIRING DEFENDANT TO
RESPOND TO PLAINTIFF’S MOTION FOR
FUNDS
[ECF No. 191]

Plaintiff Lamont Shepard is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.
On March 24, 2017 a settlement conference was held in this matter before Magistrate Judge

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Stanley A. Boone, at which this case settled. (ECF No. 186.) On March 29, 2017, a joint stipulation

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for dismissal with prejudice was filed, (ECF No. 188), and on March 30, 2017, this case was closed,

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(ECF No. 189).

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On July 5, 2017, Plaintiff filed a motion for funds, stating that his sister received some, but not

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all, of the settlement amount agreed to, and seeking for the Court to intervene and order Defendants to

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fulfill the terms of the settlement agreement. (ECF No. 191.) The Court finds it appropriate to require

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a response to Plaintiff’s motion. To the extent necessary to resolve any dispute involving the

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settlement reached in this matter, the dispute is referred to Magistrate Judge Stanley A. Boone.

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Accordingly, it is HEREBY ORDERED that Defendant Wise shall file a response to Plaintiff’s

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motion for funds, filed on July 5, 2017 (ECF No. 191) within fourteen (14) days from the date of this

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order. Plaintiff’s reply, if any, shall be filed within seven (7) days following service of a response.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 1, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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