Myers v. Pulido et al

Filing 59

ORDER Regarding Notice to the Court to Receive Settlement Money 58 , signed by Magistrate Judge Stanley A. Boone on 8/23/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DALLAS JOSHUA JAMES MYERS,

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Plaintiff,
v.

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L. PULIDO,
Defendant.

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Case No.: 1:16-cv-00638-AWI-SAB (PC)
ORDER REGARDING NOTICE TO THE COURT
TO RECEIVE SETTLEMENT MONEY
(ECF Nos. 58)

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Plaintiff Dallas J. Myers is a state prisoner appearing pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. On June 14, 2017, the parties stipulated to a voluntary

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dismissal of this action, and thus this matter was terminated and dismissed with prejudice. Fed. R. Civ.

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P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). (ECF Nos. 48, 49.)

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Currently before the Court is Plaintiff’s document entitled, “Notice to the Court to Receive

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Settlement Money,” filed on August 21, 2017. (ECF No. 58.) Plaintiff states in the notice that he has

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not received his settlement funds, and would like to know the reason for the delay. The Court

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recommends that Plaintiff contact defense counsel regarding any questions involving the processing of

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his settlement.

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Plaintiff further requests an order directing that he receive his settlement money within thirty

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(30) days, subject to a penalty against Defendants of $100 per day until the settlement is paid.

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As the Court has no jurisdiction to modify the terms of the settlement agreement in this

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dismissed action, Plaintiff’s motion is HEREBY DENIED. Plaintiff is reminded that the terms of

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settlement stated on the record were as follows: “Funds to be distributed to Plaintiff at the earliest

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opportunity, but in no event more than 180 days from [June 9, 2017.]”

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IT IS SO ORDERED.

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Dated:

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August 23, 2017
UNITED STATES MAGISTRATE JUDGE

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