Craver v. Hasty et al

Filing 182

ORDER signed by Senior Judge Stephen M. McNamee on 6/27/16 DENYING Plaintiff's 180 Motion for Court Order Directing Defendants to Distribute Plaintiff's Remaining Settlement Proceeds $157.36, Correct Collection of Restitution Under PC § 2085.5 and Monetary Sanction Against Defendants in the Amount of $2,000. Since this case was dismissed on 4/20/16 and no other matters are currently pending, the Court requests that Plaintiff not file anymore frivolous motions. (Jackson, T)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE EASTERN DISTRICT OF CALIFORNIA

8
9

Andre Craver,

No. CV-11-01344-SMM
Plaintiff,

10
11

v.

12

ORDER

J. Hasty, et al.,

13

Defendants.

14
15

Pending before the Court is Plaintiff’s Motion for Court Order Directing

16

Defendants to Distribute Plaintiff’s Remaining Settlement Proceeds $157.36, Correct

17

Collection of Restitution Under PC § 2085.5 and Monetary Sanction Against Defendants

18

in the Amount of $2,000. (Doc 180.) Plaintiff states that Defendants still owe him

19

$157.36 and that Defendants should be sanctioned $2,000 for this oversight. Defendants

20

respond to this allegation, stating that they complied with Penal Code 2085.5(e), which

21

requires a 5 percent administrative fee, and issued the settlement checks for the correct

22

amount. The Court agrees and will deny the motion.

23

Accordingly,

24

IT IS HEREBY ORDERED DENYING Plaintiff’s Motion for Court Order

25

Directing Defendants to Distribute Plaintiff’s Remaining Settlement Proceeds $157.36,

26

Correct Collection of Restitution Under PC § 2085.5 and Monetary Sanction Against

27

Defendants in the Amount of $2,000. (Doc 180.) Since this case was dismissed on April

28

20, 2016 and no other matters are currently pending, the Court requests that Plaintiff not

1
2

file anymore frivolous motions.
Dated this 27th day of June, 2016.

3
4
5

Honorable Stephen M. McNamee
Senior United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-