Masterson v. Killen et al
Filing
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ORDER Denying Plaintiff's 211 Motion for Aid of Judgment Pursuant to Federal Rule of Civil Procedure 69 signed by Magistrate Judge Stanley A. Boone on 04/02/2019. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DANIEL MASTERSON,
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Plaintiff,
v.
S. KILLEN, et al.,
Case No. 1:11-cv-01179-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR AID OF JUDGMENT PURSUANT TO
FEDERAL RULE OF CIVIL PROCEDURE 69
(ECF No. 211)
Defendants.
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Plaintiff Daniel Masterson filed the instant action on July 18, 2011. (ECF No. 1.) At the
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March 23, 2018 settlement conference, the case settled, with terms stated on the record. (ECF No.
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206.) On March 30, 2018, Plaintiff and counsel for all Defendants who appeared in the instant
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action filed a stipulation for voluntary dismissal of the entire action with prejudice under Federal
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Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 209.) On April 2, 2018, in light of the stipulation
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for voluntary dismissal, the Court acknowledged that the instant action had been terminated by
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operation of law and directed the Clerk of the Court to close the action. (ECF No. 210.)
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Currently before the Court is Plaintiff’s motion for aid of judgment, filed on April 1, 2019.
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(ECF No. 211.) In his motion, Plaintiff contends that the California Department of Corrections and
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Rehabilitation has improperly taken $1,293.89 from Plaintiff’s inmate trust account to pay for
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February 9, 2011, May 21, 2012, and January 28, 2013 cost bills, even though there was no court
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order permitting the agency to take the funds from Plaintiff’s inmate trust account.
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Although Defendants have not had an opportunity to file a response, the Court finds a
response is unnecessary, and the motion is deemed submitted. Local Rule 230(l).
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Plaintiff asserts that his motion for aid of judgment is brought pursuant to Federal Rule of
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Civil Procedure 69. Rule 69 prescribes procedures for enforcing monetary judgments entered in
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federal cases. However, no monetary judgment has been entered in this case. Instead, Plaintiff and
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Defendants settled this case during a court-supervised settlement conference. Therefore, Rule 69
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has no application to this case. Accordingly, Plaintiff’s motion for aid of judgment pursuant to
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Federal Rule of Civil Procedure 69, (ECF No. 211), is HEREBY DENIED.
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IT IS SO ORDERED.
Dated:
April 2, 2019
UNITED STATES MAGISTRATE JUDGE
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