Williams v. Anderson

Filing 168

ORDER Denying Plaintiff's Ex Parte 166 Motion signed by Magistrate Judge Stanley A. Boone on 08/30/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SYLESTER WILLIAMS,
Plaintiff,

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v.
SERGEANT R. ANDERSON, et al.,
Defendant.

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Case No.: 1:10-cv-01250-SAB (PC)
ORDER DENYING PLAINTIFF’S EX PARTE
MOTION
[ECF No. 166]

On August 3, 2015, the instant action filed pursuant to 42 U.S.C. § 1983 was dismissed, with
prejudice, pursuant to the parties’ stipulation.
On May 2, 2016, Plaintiff filed an ex parte application. Plaintiff continues to dispute the

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amount of restitution deduced from his settlement amount. In response to a prior motion filed by

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Plaintiff, Defendant submitted evidence that the proper amount of restitution was deducted from the

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settlement amount. (ECF No. 156.) As set forth by Defendant in the prior opposition, the restitution

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amount collected by the Defendant was not limited to the restitution owed by Plaintiff under his

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current CDCR number, but included “any amounts owed by a prisoner under a restitution fine or

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order, including any administrative fees related to such amounts.” (ECF No. 156, Opp’n at 3:6-7.)

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Plaintiff was ordered to pay $1,400.00 as part of his current sentence (ECF No. 156, Ex. B, Abstract of

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Judgment), and had a restitution balance of $847.46 under his current CDCR number, (P-91921) at the

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time that the settlement was paid. (Id., Ex. A.) In addition, Plaintiff owed $400.00 under his previous

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commitment number (E-23233). (Id., Exs. C & D.) As stated in the Court’s February 25, 2016, order,

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based on the evidence submitted by Defendant, the proper amounts of restitution were deducted from

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the settlement amount, and Plaintiff’s allegations to the contrary are rejected. (ECF No. 160.)

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Accordingly, there is no relief that can be granted and Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.

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Dated:

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August 30, 2016
UNITED STATES MAGISTRATE JUDGE

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