Turner v. Salinas

Filing 179

ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/2014 ORDERING that within 14 days, plaintiff's counsel shall inform the court whether plaintiff's 177 "motion for levy of settlement agreement" may be disregarded or whether counsel intends to file additional briefing in support of plaintiff's motion; and the Clerk shall serve a copy of this order on plaintiff. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Plaintiff,

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No. 2: 10-cv-1848 MCE KJN P

v.

ORDER

WARDEN SALINAS, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On September 4, 2014, this action was dismissed pursuant to stipulation by

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the parties. In the stipulation, the parties stated that they had reached a negotiated settlement.
On September 29, 2014, plaintiff himself filed a pleading titled “motion for levy against

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settlement agreement.” (ECF No. 177.) Plaintiff requests that the court “preserve” his right to

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appeal any illegal or unethical fraud, theft, embezzlement, etc., that defendant may engage in with

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regard to the settlement. Plaintiff also alleges that following his transfer to Salinas Valley State

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Prison (“SVSP”), he was assaulted by a prison guard and his visits with his family have been

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illegally restricted. Plaintiff also alleges that his legal mail has been tampered with.1

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On October 9, 2014, defendant filed an opposition to plaintiff’s September 29, 2014 motion.
(ECF No. 17.) In relevant part, defendant states that settlement documents were not finalized and
received by defendant until August 27, 2014. Defendant states that the settlement agreement
included a statement that the California Department of Corrections and Rehabilitation (“CDCR”)
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Because plaintiff is represented by counsel, he may communicate with the court only
through his counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of the date of this order, plaintiff’s counsel shall inform the court

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whether plaintiff’s September 29, 2014 “motion for levy of settlement agreement” may be

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disregarded or whether counsel intends to file additional briefing in support of plaintiff’s motion;

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2. The Clerk of the Court is directed to serve a copy of this order on plaintiff Anthony

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Turner, CDCR # G27511, Salinas Valley State Prison, P.O. Box 1050, Soledad, California,

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93960.

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Dated: October 16, 2014

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Tur1848.ord

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would make a good-faith effort to pay the settlement within 180 days of plaintiff delivering to
defendant the settlement documents. Defendant states that barely a month has passed since those
documents were returned to defendant and CDCR is still processing plaintiff’s settlement
payment. Defendants also correctly observe that plaintiff is free to pursue a separate legal action
regarding his claims that prison officials at SVSP are violating his constitutional rights as these
claims are unrelated to the instant action.
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