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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY R. TURNER, 12 Plaintiff, 13 14 No. 2: 10-cv-1848 MCE KJN P v. ORDER WARDEN SALINAS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On September 4, 2014, this action was dismissed pursuant to stipulation by 19 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 20 21 settlement agreement.” (ECF No. 177.) Plaintiff requests that the court “preserve” his right to 22 appeal any illegal or unethical fraud, theft, embezzlement, etc., that defendant may engage in with 23 regard to the settlement. Plaintiff also alleges that following his transfer to Salinas Valley State 24 Prison (“SVSP”), he was assaulted by a prison guard and his visits with his family have been 25 illegally restricted. Plaintiff also alleges that his legal mail has been tampered with.1 26 1 27 28 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”) 1 1 2 Because plaintiff is represented by counsel, he may communicate with the court only through his counsel. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Within fourteen days of the date of this order, plaintiff’s counsel shall inform the court 5 whether plaintiff’s September 29, 2014 “motion for levy of settlement agreement” may be 6 disregarded or whether counsel intends to file additional briefing in support of plaintiff’s motion; 7 2. The Clerk of the Court is directed to serve a copy of this order on plaintiff Anthony 8 Turner, CDCR # G27511, Salinas Valley State Prison, P.O. Box 1050, Soledad, California, 9 93960. 10 Dated: October 16, 2014 11 12 Tur1848.ord 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 2

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