Hollis v. Gorby et al

Filing 190

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/30/2018 DENYING 181 Motion for Relief from Judgment. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARVIN GLENN HOLLIS,

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No. 2:09-cv-1627 CKD P

Plaintiff,
v.

ORDER

A. GORBY, et al.,
Defendants.

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Plaintiff is a California prisoner proceeding pro se. On July 20, 2018, plaintiff filed a

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motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure.

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The parties have consented to have all matters in this action before a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(c) and Local Rule 302.

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In his motion, plaintiff asserts that the terms of the settlement agreement reached in this

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action were breached by officials at plaintiff’s prison when they applied an award for costs in

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Hollis v. Gorby, 2:08-cv-1091 RAJ P to plaintiff’s trust account balance. Defendants admit that

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the amount awarded for costs in Hollis v. Gorby was applied to plaintiff’s trust account, but that it

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was done so in error and has now been removed. Defendants point to evidence indicating the

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deduction for costs has been removed.

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Plaintiff agrees that the deduction for costs has now been removed from his trust account.

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However, plaintiff asks that unidentified “prison officials” be sanctioned for their failure to adjust

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plaintiff’s trust account balance when they were informed by plaintiff that the settlement

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agreement in this action precludes a deduction for costs awarded in Hollis v. Gorby. Plaintiff

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fails to point to any authority in support of his request and the court notes there is no evidence

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before the court that any defendant or counsel for defendants caused the improper deduction, or

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failed to act with diligence in having the deduction removed once they became aware of it.

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In light of the foregoing, IT IS HEREBY ORDERED that plaintiff’s July 20, 2018

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“motion for relief from judgment” is denied.

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Dated: October 30, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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holl1627.mfr

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