Sierra v. Spearman et al

Filing 107

ORDER Re: 106 Motion for $1,500.00 Settlement and Motion for Administrative Relief "Default Judgment" signed by Magistrate Judge Erica P. Grosjean on 02/09/2023. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO SIERRA,

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Plaintiff,

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v.

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J. CASTELLANOS,

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Case No. 1:17-cv-01691-ADA-EPG (PC)
ORDER RE: MOTION FOR $1,500
SETTLEMENT AND MOTION FOR
ADMINISTRATIVE RELIEF “DEFAULT
JUDGMENT”
(ECF No. 106)

Defendant.
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Plaintiff Francisco Sierra, a state inmate proceeding pro se and in forma pauperis, filed

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this civil rights action on December 15, 2017. After the parties filed a stipulation of dismissal

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under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Court closed the case on January 30,

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2023. (ECF Nos. 104, 105).

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On February 7, 2023, Plaintiff filed a motion for $1500 settlement and motion for

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administrative relief “default judgment.” (ECF No. 106). Plaintiff states that, at the January 13,

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2023 pretrial conference, he “finally agreed to settle this case for $1,500 dollars only, only this

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case by itself.”1 (Id. at 1). He said defense counsel “agreed to . . . take care of everything

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For readability, minor alterations, such as changing capitalization and punctuation, have been made to
some of Plaintiff’s quotations without indicating each change.

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regarding payments etc. before the 29 of January 2023.” (Id. at 1-2). However, Plaintiff just

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received a paper from defense counsel “that states [he] agreed on January 13, 2023 during our

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video conference to terminate [his] suit.” (Id. at 2). Plaintiff asserts “this is in its entirety not

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so.” (Id.). Plaintiff asks the Court to contact defense counsel “to correct this matter ASAP,” as

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“the settlement was to be resolved before this month ended” and “the suit was settled for

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$1,500 dollars.” (Id.). Additionally, Plaintiff states, that as he “mentioned before” staff at his

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prison are invading his privacy and he asks the Court to put a stop to this immediately. (Id.).

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It appears that Plaintiff is claiming that he expected to be paid immediately and yet has

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not received his settlement payment. However, Plaintiff does not attach the settlement

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agreement or any evidence regarding the timing of the payment. The Court notes that

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settlement agreements involving the CDCR regularly provide for a delay between the

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finalization of the agreement and the issuance of the payment, and such is likely the situation

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here. Thus, the Court will deny the motion at this time without prejudice to Plaintiff refiling his

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motion, along with evidence regarding the timing of the payment, should he believe that

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Defendant has not paid the settlement money within the time provided in his settlement

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agreement.

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As for Plaintiff’s allegations regarding privacy violations occurring at his prison, the

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Court has already addressed two motions regarding such allegations, explaining that the events

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described were not connected to the claim or Defendant in this case, but that Plaintiff may file a

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separate lawsuit if he believes his rights are being violated. (ECF Nos. 97, 98, 99, 102). Thus,

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the Court will deny Plaintiff’s request to put a stop to privacy violations at his prison.

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Accordingly, IT IS ORDERED as follows:
1. Plaintiff’s motion (ECF No. 106) is denied without prejudice to the extent that Plaintiff

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requests relief regarding his settlement agreement. Plaintiff may refile his motion if he

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believes that he has not been paid within the time period provided under his settlement

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agreement. Any such motion shall include a copy of the settlement or other evidence

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regarding the specific timing of the payment.

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2. Plaintiff’s motion (ECF No. 106) is denied to the extent that he asks the Court to
intervene regarding alleged privacy violations occurring at his prison.

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IT IS SO ORDERED.
Dated:

February 9, 2023

/s/
UNITED STATES MAGISTRATE JUDGE

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