Glenn v. Cole et al
Filing
68
ORDER signed by Magistrate Judge Carolyn K Delaney on 08/11/11 ordering that plaintiff's 02/22/11 ex parte motion for an order to sanction defendant..." construed as a motion requesting an order directing High Deseert State Prison to granish the wages of defendant Cole 63 is denied. (Plummer, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
ZACHARY LEE GLENN,
11
12
13
Plaintiff,
No. CIV S-06-0151 FCD CKD P
Defendants.
ORDER
vs.
COLE, et al.
14
15
/
16
On September 17, 2010, plaintiff’s motion for default judgment against defendant
17
Cole was granted, plaintiff was awarded $1 in nominal damages and awarded $2,000 in punitive
18
damages. On February 22, 2011, plaintiff filed a document in which he indicates that he has not
19
received payment from defendant Cole. Plaintiff asserts Cole is employed as a correctional
20
officer at High Desert State Prison and requests that the court enter an order for High Desert
21
State Prison to garnish Cole’s wages.1
22
Under Rule 69(a)(1) of the Federal Rules of Civil Procedure, execution of a
23
money judgment is enforced by writ of execution and “[t]he procedure on execution–and in
24
proceedings supplementary to and in aid of judgment or execution–must accord with [California
25
1
26
Plaintiff has filed a several other documents complaining that he has not yet received
payment from Cole.
1
1
law], but a federal statute governs to the extent it applies.” California Code of Civil Procedure §
2
706.010 et seq. concerns procedures attendant to garnishment of wages. California Code of Civil
3
Procedure § 699.010 et seq. concerns enforcement of money judgments by writ of execution.
4
The first step in the process for garnishment of wages is for plaintiff to obtain an issued “writ of
5
execution” from the Clerk of the Court. Plaintiff may do so by completing a writ of execution
6
(Judicial Counsel of California Form EJ-130) and then sending it to the Clerk of the Court for
7
issuance. The Clerk will issue the writ and return it to plaintiff if the writ is completed correctly.
8
At this stage, the court does not enter any order directing that Cole’s wages be garnished.
9
For all the foregoing reasons, IT IS HEREBY ORDERED that plaintiff’s February
10
22, 2011 “ex parte motion for an order to sanction defendant . . .,” construed as a motion
11
requesting an order directing High Desert State Prison to garnish the wages of defendant Cole, is
12
denied.
13
Dated: August 11, 2011
14
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
15
16
17
18
19
1
glen0151.edf
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?