Brady K. Armstrong v. Yates et al

Filing 63

ORDER DENYING Plaintiff's 60 , 61 and 62 Motion for Court Intervention for Lack of Jurisdiction, signed by Magistrate Judge Dennis L. Beck on 8/13/14. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRADY K. ARMSTRONG,

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Plaintiff,

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v.
S. DISHMAN, et al.,

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(ECF Nos. 60, 61, 62)

Plaintiff Brady K. Armstrong (“Plaintiff”) is a state prisoner proceeding pro se in a civil
rights action pursuant to 42 U.S.C. Section 1983. On August 21, 2013, the Court granted Plaintiff’s
Motion for Default Judgment and entered judgment against Defendant S. Dishman in the amount of
$2,500.00. (ECF Nos. 55 & 56.) On November 4, 2013, Plaintiff filed a motion for court
intervention to provide Plaintiff with the court ordered settlement. (ECF No. 58.) On November 21,
2013, the Court denied Plaintiff’s motion for lack of jurisdiction. (ECF No. 59.) On January 21,
2014 and February 6, 2014, Plaintiff filed three additional motions for court intervention to provide
Plaintiff with the court ordered settlement. (ECF Nos. 60, 61, 62.)

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ORDER DENYING PLAINTIFF’S
MOTIONS FOR COURT INTERVENTION
FOR LACK OF JURISDICTION

Defendants.

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Case No. 1:10-cv-02380-LJO-DLB PC

“Federal courts are courts of limited jurisdiction. They possess only that power authorized by
Constitution and statute.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S. Ct.
1673, 1675, 128 L. Ed. 2d 391 (1994). It is to be presumed that a cause lies outside this limited
jurisdiction. Id. Here, the Court has entered judgment and no longer retains jurisdiction in this
matter.
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Accordingly, it is HEREBY ORDERED that Plaintiff’s three motions for court intervention
are DENIED for lack of jurisdiction.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 13, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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