Moore v. Price

Filing 81

ORDER signed by Magistrate Judge Deborah Barnes on 3/30/22 DENYING 77 Motion to Recall this Case.(Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN MOORE,

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No. 2:14-cv-01232 TLN DB P
Plaintiff,

v.

ORDER

PRICE, et al.,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983. On March 8, 2018, Magistrate Judge Craig M. Kellison conducted a settlement

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conference for both this action and Moore v. Tesluk, 2:16-cv-2268-TLN-KJN-P. (ECF No. 73.)

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During this settlement conference, the parties settled both actions. (Id.)

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On December 20, 2021, Plaintiff filed a motion to recall the present case for defendant’s

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alleged failure to abide by the settlement agreement. (ECF No. 77.) Plaintiff claims that

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defendants breached the settlement agreement by denying plaintiff’s parole and filing fabricated

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charges against the plaintiff to prevent him from receiving parole. (Id. at 2.)

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The court has reviewed the recordings of the March 8, 2018 hearing before Magistrate

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Judge Kellison. During this hearing, the terms of the settlement agreements in both cases were

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read on the record. Magistrate Judge Kellison stated that the present action was resolved for a

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monetary amount and an agreement that Magistrate Judge Kellison would “transmit a letter to the
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board of parole” supporting plaintiff’s upcoming parole suitability hearing. Plaintiff agreed to

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these terms on the record. Plaintiff has also attached the letter written by Magistrate Judge

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Kellison to his motion. (ECF No. 77 at 7-8.) Plaintiff’s other case, 2:16-cv-2268-TLN-KJN-P,

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was settled for solely a monetary amount.

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The terms read by Magistrate Judge Kellison do not contain an agreement by defendants

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to not deny, oppose, or otherwise interfere with plaintiff’s parole. As such, the undersigned finds

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plaintiff’s motion to recall this case for failure to abide by the settlement agreement to be without

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merit.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to recall this case for

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failure to abide with the settlement agreement (ECF No. 77) is denied.

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Dated: March 30, 2022

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DB:14

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DB/DB Prisoner Inbox/Civil Rights/S/moor1232.recall

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