Lamon v. Amrheign et al

Filing 117

ORDER Denying Plaintiff's 114 Motion for the Court's Assistance Regarding Failure to Pay Settlement signed by Magistrate Judge Barbara A. McAuliffe on 05/08/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LOUIS LAMON,

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Plaintiff,

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v.

Case No. 1:12-cv-00296-DAD-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR THE COURT’S ASSISTANCE
REGARDING FAILURE TO PAY
SETTLEMENT

B. AMRHEIGN, et al.,
(Doc. 114)

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Defendants.

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Plaintiff Barry Louis Lamon is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On November 17, 2017 a settlement conference was held in this matter before Magistrate

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Judge Michael J. Seng, at which this case settled. (Doc. 104.) On November 20, 2017, defense

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counsel filed a stipulation for dismissal with prejudice signed by all parties. (Doc. 105.) On

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November 27, 2017, all parties having stipulated to a dismissal with prejudice, this case was

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closed. (Doc. 107).

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Currently before the Court is Plaintiff’s motion for the Court’s assistance regarding

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Defendants’ failure to pay the monetary settlement in this case, filed on February 14, 2018. (Doc.

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114.) Plaintiff appeared to assert that the monetary portion of the settlement in this case was not

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paid to him. On March 27, 2018, the Court ordered Defendants to respond to Plaintiff’s motion.

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(Doc. 115.)

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On April 12, 2018, Defendants filed a response to Plaintiff’s motion. (Doc. 116.) The time

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for any reply has passed, and none has been filed. Accordingly, the motion is deemed submitted.

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Local Rule 230(l).

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Defendants respond, with a declaration of counsel in support, that the CDCR settlement

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coordinator was contacted regarding this matter, and the coordinator confirmed that the funds

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were paid to Plaintiff’s trust account on February 7, 2018. A certified copy of Plaintiff’s inmate

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trust account showing the disbursement is attached as an exhibit. (Doc. 116-1, Ex. B.)

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Plaintiff has not disputed these representations, and therefore this matter is resolved
without further need for Court intervention.
Accordingly, Plaintiff’s motion for the Court’s assistance regarding Defendants’ failure to

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pay the monetary settlement in this case, filed on February 14, 2018. (Doc. 114), is HEREBY

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DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 8, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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