Smith v. Garcia

Filing 41

ORDER DENYING Plaintiff's 38 Motion for Reimbursement, signed by District Judge Anthony W. Ishii on 8/15/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOVON’Z SMITH,
Plaintiff,

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Case No. 1:13-cv-02003-AWI-SAB-PC
ORDER DENYING PLAINTIFF’S MOTION
FOR REIMBURSEMENT

v.
(ECF NO. 38)

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M. GARCIA,
Defendant.

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Plaintiff Smith is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983.

18 On December 3, 2015, the parties stipulated to dismissal pursuant to Federal Rule of Civil
19 Procedure 41(a)(1)(A)(ii) as a result of settlement negotiations.

An order was entered,

20 dismissing this action pursuant to the stipulation.
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On December 4, 2015, Plaintiff filed declaration in which he seeks reimbursement of

22 part of his settlement.

Plaintiff indicates that the trust account offices at CTF Soledad

23 improperly withheld all of Plaintiff’s settlement check for restitution in violation of applicable
24 regulations. On January 11, 2016, an order was entered, construing the declaration as a motion
25 for reimbursement and directing Defendant to file a response.
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On January 19, 2016, Defendant filed opposition to Plaintiff’s motion. Defendant’s

27 motion is supported by the declaration of counsel and a copy of the settlement agreement signed
28 by the parties. The settlement agreement includes the following provision:

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CDCR shall pay Plaintiff $1,500.00 (the settlement amount).
However, Plaintiff understands that CDCR is obligated by
California Penal Code section 2085.5 to collect any amounts owed
by a prisoner under a restitution fine or order, including any
administrative fees related to such amounts. Such amounts and
fees will be deducted from the settlement amount and paid on
Plaintiff’s behalf as required by Penal Code section 2085.5. If the
settlement amount exceeds the restitution amounts and fees, the
excess balance shall be made by check to Plaintiff’s inmate trust
account or to another payee of designated by Plaintiff. Plaintiff
further understands that CDCR is obligated to pay all outstanding
liens against Plaintiff, known or unknown, if any, which amounts
must be deducted from the settlement amount and paid on
Plaintiff’s behalf to the lienholder(s).

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9 (Decl. of T. Johnson, Ex. A, emphasis added.)
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Penal Code section 2085.5(n) specifically states that any settlement funds awarded to an

11 inmate “shall be paid directly … to satisfy any outstanding restitution orders or restitution fines
12 against that person.” The remainder of the settlement, if any, will be forwarded to the inmate
13 only if the settlement funds exceed the restitution balance. Cal. Pen. Code § 2085.5(n). In this
14 case the settlement amount did not exceed the restitution amount. Defendant correctly notes that
15 Plaintiff’s exhibit attached to his motion indicates that he owes approximately $15,000 in
16 restitution orders and fines. The $1,500 settlement payment was applied towards Plaintiff’s
17 restitution order pursuant to the requirements of Penal Code section 2085.5(n). Because the
18 CDCR complied with the terms of the settlement agreement and the law, Plaintiff’s motion
19 should be denied.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for reimbursement filed

21 on December 4, 2015, is DENIED.
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IT IS SO ORDERED.
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Dated: August 15, 2016
SENIOR DISTRICT JUDGE

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