Smith v. Stovall et al

Filing 77

ORDER and clarification signed by Magistrate Judge John F. Moulds on 11/7/11. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHEAL SMITH, 11 Plaintiff, 12 13 No. 2:08-cv-2492-LKK-JFM (PC) vs. R. STOVALL, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. By order filed September 23, 2010, this court awarded defendants expenses of 18 plaintiff’s failed May 27, 2010 video deposition in the amount of $950.00. On September 12, 19 2011, a trial confirmation hearing was held before the district court. The order issued after that 20 hearing refers to the undersigned a request by defendants for clarification of when payment of 21 said expenses is due. 22 The award of expenses ordered by this court gave rise to a monetary obligation 23 owed by plaintiff to defendants. That obligation arose at the time this court’s order became final. 24 ///// 25 ///// 26 ///// 1 1 The award is in the nature of a judgment, albeit not yet a final one, enforceable like any other 2 monetary judgment entered in a federal court. 3 4 IT IS SO ORDERED. DATED: November 7, 2011. 5 6 7 8 9 12 smit2492.clar 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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