Perez v. Adams et al

Filing 86

ORDER regarding Plaintiff's Motion regarding Settlement Funds 84 signed by Magistrate Judge Barbara A. McAuliffe on 11/27/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCO PEREZ,
Plaintiff,

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v.
R. HUBACH, et al.,
Defendants.

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) Case No.: 1:11-cv-1820-BAM (PC)
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ORDER REGARDING PLAINTIFF’S MOTION
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REGARDING SETTLEMENT FUNDS
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(ECF No. 84)
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Plaintiff Marco Perez is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On March 24, 2017 a settlement conference was held in this matter before Magistrate Judge

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Stanley A. Boone, at which this case settled. (ECF No. 76.) On April 6, 2017 and April 10, 2017, joint

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stipulations for dismissal with prejudice were filed. (ECF Nos. 79, 81.) On April 11, 2017, all parties

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having stipulated to a dismissal with prejudice, this case was closed. (ECF No. 82).

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Currently before the Court is Plaintiff’s motion regarding the settlement funds, filed on

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November 9, 2017. (ECF No. 84.) Plaintiff states in the motion that he had not received a settlement

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payment, and inquires of further information regarding the payment of the settlement amount. (ECF

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No. 84.)

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On November 21, 2017, Defendants filed a response to Plaintiff’s motion. The response

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attaches a copy of a letter sent to Plaintiff on November 15, 2017, explaining that the settlement funds

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were paid and credited to Plaintiff’s inmate-trust account as of October 30, 2017. Further, the letter

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explains that Plaintiff’s restitution exceeded the settlement amount, and therefore his restitution
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balance was credited, the balance was reduced by the settlement amount. As a result, no funds were

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directly paid to him or his designee.

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In light of the response provided, the Court finds that Plaintiff has now been provided the

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information regarding the settlement payment in this case that he requested. No further relief being

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sought, his motion may now be terminated.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion requesting information
regarding the settlement payment in this case is GRANTED, as explained above.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 27, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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