Jones v. Virga et al

Filing 39

ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/14 ordering that plaintiff's motion 38 is denied without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,

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Plaintiff,

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No. 2:12-cv-2695 MCE KJN P

v.

ORDER

G. WHITTED, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel.1 By stipulation and order, this

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action was terminated on June 30, 2014. (ECF No. 37.) On October 10, 2014, plaintiff filed a

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request for court order. (ECF No. 38.) While not entirely clear, it appears that plaintiff may be

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contesting an issue allegedly resolved by the settlement in this action. If so, plaintiff must file a

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motion before the settlement judge to either enforce or modify the settlement. However, at the

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present time, plaintiff is represented by counsel. Thus, any motion must be made through

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counsel. If plaintiff’s counsel believes that a material term of settlement has been breached, he

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may consult with defense counsel and, if necessary, file a motion before the settlement judge.

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By order filed April 30, 2014, counsel was appointed for a limited purpose, and was accorded
the option of withdrawing his representation of plaintiff or, at his discretion, proceeding as
plaintiff’s appointed counsel for purposes of discovery, settlement and/or trial. (ECF No. 31 at
2.) Counsel continued his representation through the settlement conference, and has not moved to
withdraw.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 38) is denied

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without prejudice.

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Dated: November 14, 2014

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/jone2695.den

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