Howard v. Wang, et al.

Filing 106

ORDER Regarding Status Of Settlement Agreement, signed by Magistrate Judge Dennis L. Beck on 7/6/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY HOWARD,

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Plaintiff,

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ORDER REGARDING STATUS OF
SETTLEMENT AGREEMENT

v.

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Case No. 1:10-cv-01783 DLB PC

EDGAR CLARK,

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Defendant.

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Plaintiff Timothy Howard (“Plaintiff’) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On April 14, 2014, this action, along with three other of Plaintiff’s cases, settled.

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On June 29, 2015, Plaintiff filed a motion for a telephonic status conference. Pursuant to

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the Court’s order, Defendant filed a response on July 3, 2015.
The Court has reviewed Defendant’s status report and the accompanying declaration of

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Paul J. Cooney. It appears that Plaintiff believes that Defendant cannot pay the settlement funds

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into his prison trust account, and that Defendant’s attempts to explain the process to Plaintiff have

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failed.

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///

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The Court is unable to resolve the dispute without a motion to enforce or alter the terms of

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payment, supported by a declaration of an official with personal knowledge of the regulation(s) at

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issue.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

July 6, 2015

UNITED STATES MAGISTRATE JUDGE

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L. Beck

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