Roberts v. California Department of Corrections et al

Filing 60

ORDER signed by Judge Kimberly J. Mueller on 8/4/2015 DENYING 59 Motion to Reopen Case. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL DEAN ROBERTS,

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Plaintiff,

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No. 2:12-cv-00247 KJM AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS,
Defendant.

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This prisoner civil rights action was voluntarily dismissed by order filed

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September 25, 2014, pursuant to a stipulation of the parties following a settlement agreement.

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See ECF No. 57. The settlement agreement also resolved another of plaintiff’s civil rights cases,

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Case No. 2:11-cv-0474 MCE DAD P. See ECF No. 55. Several months later, plaintiff filed

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motions to reopen both cases, on the ground that defendant failed to abide by the terms of the

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parties’ settlement agreement. Specifically, plaintiff contends defendants have failed to pay to

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him the full amount agreed upon to settle both cases.
By order filed July 9, 2015, after obtaining further briefing by the parties, Chief

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Judge Morrison C. England, Jr., denied plaintiff’s motion to reopen in the separate case. See Case

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No. 2:11-cv-0474 MCE DAD P, ECF No. 103. For the reasons set forth in that order, plaintiff’s

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motion to reopen the instant case, ECF No. 59, will also be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 22, 2015 motion to

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reopen this action (ECF No. 59) is denied.

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DATED: August 4, 2015.

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UNITED STATES DISTRICT JUDGE

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