Hunt v. Fields

Filing 134

ORDER signed by Judge Kimberly J. Mueller on 1/5/15 ORDERING that plaintiff Hunt is GRANTED a writ of execution against defendant Fields for the unpaid balance, $400, of the judgment entered on January 30, 2014, including the bill of costs entered on June 24, 2014. The Clerk's Office is directed to send to plaintiff a Form EJ-130. In order to effectuate the writ, the plaintiff is directed to complete the form and return it to the Clerk's Office for filing. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. HUNT,
Plaintiff,

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No. 2:09-cv-03525-KJM-AC

v.
ORDER
D. FIELDS,
Defendant.

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Plaintiff Michael Hunt’s petition seeking an order directing defendant D. Fields to

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convey the remainder of the judgment is currently pending before the court. ECF No. 130; see

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also ECF No. 131 (letter from plaintiff seeking assistance from the court).

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Plaintiff Michael Hunt filed a civil rights action on December 11, 2009 against

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defendant Fields alleging violations of plaintiff’s First Amendment rights to file inmate

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grievances and pursue civil litigation. ECF No. 1. The court presided over a trial from January

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28 to 30, 2014. Plaintiff received a judgment in his favor, and was awarded $1,000. ECF No.

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120. On February 20, 2014, he filed a “Bill of Costs” for $400.00 to account for other expenses

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to which he was entitled. ECF No. 122. On June 24, 2014, the Clerk of the Court issued a notice

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that the costs of $400.00 against defendant Fields are included in the judgment. ECF No. 129.

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Plaintiff is still incarcerated, and on July 17, 2014, a check for the judgment was
deposited in his Inmate Trust Account. ECF No. 130. The amount did not include the $400. Id.
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Plaintiff seeks a writ of execution of the money judgment for the remaining $400. Defendant has

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not opposed the motion.

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Rule 69(a) governs the procedure that applies to the enforcement of a money

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judgment in federal court. Carnes v. Zamani, 488 F.3d 1057, 1059-60 (9th Cir. 2007); Hilao v.

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Estate of Marcos, 95 F.3d 848, 851 (9th Cir. 1996) (Rule 69(a) “governs execution proceedings in

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federal courts.”). Rule 69(a) provides that “[a] money judgment is enforced by a writ of

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execution, unless the court directs otherwise.” FED. R. CIV. P. 69(a).

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In Hilao, the court held that the proper means to enforce a money judgment is to
seek a writ of execution. Rule 69(a) “essentially limits a district court's mechanism for
enforcement of a money judgment to a writ of execution . . .” Hilao, 95 F.3d at 856.

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As Fields has filed no opposition, the court finds no reason not to grant the motion.

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For the reasons set forth above, IT IS HEREBY ORDERED that plaintiff Hunt is

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granted a writ of execution against defendant Fields for the unpaid balance, $400, of the judgment

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entered on January 30, 2014, including the bill of costs entered on June 24, 2014. The Clerk’s

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Office is directed to send to plaintiff a Form EJ-130. In order to effectuate the writ, the plaintiff

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is directed to complete the form and return it to the Clerk’s Office for filing.

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IT IS SO ORDERED.
Dated: January 5, 2015.

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UNITED STATES DISTRICT JUDGE

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