Ilsung v. Mobert

Filing 85

ORDER signed by Magistrate Judge Kendall J. Newman on 1/20/2016 DENYING as moot plaintiff's 83 request for settlement payment. (cc: KJN)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR ILSUNG,

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No. 1:10-cv-2070 AWI MJS P

Plaintiff,
v.

ORDER

ROBERT MOBERT,

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Defendant.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On December 3, 2015, plaintiff filed a request for settlement payment. On

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December 21, 2015, plaintiff inquired as to the terms of the settlement of this action, complaining

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that prison officials applied 100% of the settlement payment toward his restitution order. Plaintiff

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provided a copy of his inmate trust account statement which reflects a credit for the payment of

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the settlement.

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On June 5, 2015, the undersigned conducted a settlement conference in this action. The

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parties settled this action, and the terms of the settlement were placed on the record. The court

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reviewed the recording of the settlement terms, and confirmed that the undersigned informed the

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parties that any settlement must first be applied to plaintiff’s restitution. At the time of the

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hearing, the parties believed that plaintiff owed about $300.00 in restitution; however, the court

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informed the parties that the settlement amount is not impacted by that restitution amount. The
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undersigned explained that if plaintiff owed less than $300.00, defendant could not object to the

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settlement terms; similarly, if plaintiff owed more than $300.00, plaintiff could not object. Thus,

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whether the restitution amount turned out to be less or more, it would not be a basis to seek to set

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aside the settlement. Plaintiff was informed that prison officials were entitled to apply 100% of

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his settlement funds to his restitution order.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for settlement payment

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(ECF No. 83) is denied as moot.

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Dated: January 20, 2016

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ilsu2070.set.exp

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