Lamon v. Amrheign et al

Filing 119

ORDER Denying Plaintiff's Motion to Enforce Settlement Agreement re 118 , signed by Magistrate Judge Barbara A. McAuliffe on 7/2/20. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:12-cv-00296-DAD-BAM (PC)

BARRY LOUIS LAMON,
Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
TO ENFORCE SETTLEMENT AGREEMENT

v.

(ECF No. 118)

AMRHEIGN, et al.,

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Defendants.

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Plaintiff Barry Louis Lamon (“Plaintiff”) is a state prisoner who proceeded pro se and in

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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. (ECF No. 104.) On November 20, 2017,

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defense counsel filed a stipulation for dismissal, with prejudice, signed by all parties. (ECF No.

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105.) On November 27, 2017, all parties having stipulated to a dismissal with prejudice, this case

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was closed. (ECF No. 107.)
Since this action was closed, Plaintiff has filed several motions regarding enforcement of

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various terms of the settlement agreement. (ECF Nos. 108, 114.) Those prior motions were both

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denied. (ECF Nos. 113, 117.)

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Currently before the Court is an informal letter to Magistrate Judge Seng, filed June 29,

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2020, regarding enforcement of terms and agreement of settlement. (ECF No. 118.) The Court

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construes the letter as a motion to enforce the settlement agreement. Defendants have not had the

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opportunity to file a response, but the Court finds a response unnecessary, and the motion is

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deemed submitted.

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In his motion, Plaintiff states that upon his arrival to Mule Creek State Prison on or about

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March 20, 2020, Corrections Officers Filipello and Sunderland and Sergeant Feltner confiscated

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the “Boombox” stereo issued to Plaintiff during the settlement of this case. (ECF No. 118.)

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Plaintiff presented the officers with photocopies of the settlement agreement and explained that

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the stereo had been issued to him through the Office of Administrative Law to settle civil rights

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litigation. Plaintiff then filed an Inmate/Parolee Appeal seeking the return of the stereo and was

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informed by Sergeant Feltner that the stereo did not comply with CDCR policies. Plaintiff argues

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that during the settlement conference, Magistrate Judge Seng retained jurisdiction over this

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settlement, and as the confiscation of his stereo has no basis in state or federal law, requests that

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the Court instruct Mule Creek State Prison staff to return the stereo or provide some legally

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appropriate explanation why they have not done so. (Id.)

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As noted above, this action was settled and closed on November 27, 2017. (ECF No.

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107.) At the time of dismissal, the action proceeded against Defendants Amrheign, Austin,

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Wilson, and Yzguerra, all employees of Corcoran State Prison. In his current motion, Plaintiff

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claims that the stereo he received as part of the settlement of this action was confiscated by

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officers employed at Mule Creek State Prison, nearly three years after this action was closed.

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Plaintiff is attempting to state claims against individuals who were not parties to the original

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action, and over whom the Court does not have jurisdiction. Although the stereo at issue was

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given to Plaintiff as a result of the settlement of this case, that does not provide the Court with

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jurisdiction over all potential future claims that involve that stereo.

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To the extent Plaintiff believes the confiscation of his stereo has violated his federal

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rights, he is not precluded from seeking redress by filing a new suit. This case, however, shall

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remain closed, as the Court lacks jurisdiction to address Plaintiff’s current concerns. This action
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is simply not the proper vehicle for obtaining the relief Plaintiff seeks.
Accordingly, Plaintiff’s motion to enforce the settlement agreement, (ECF No. 118), is
HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 2, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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