Koch v. Sacramento County et al

Filing 36

ORDER signed by District Judge John A. Mendez on 1/22/20 ADOPTING 31 Findings and Recommendations and DENYING 26 Motion to enforce the terms of a settlement agreement. (Kaminski, H)

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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 ROLAND THOMAS KOCH, 12 Plaintiff, 13 14 No. 2:15-cv-0739 JAM CKD P v. ORDER SACRAMENTO COUNTY, et al., 15 Defendants. 16 Plaintiff, a California detainee prisoner proceeding pro se, filed this civil rights action 17 18 seeking relief under 42 U.S.C. § 1983. The case was dismissed by stipulation on September 1, 19 2016. Plaintiff has filed a motion asking that the court enforce the terms of a settlement 20 agreement. The motion was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 21 636(b)(1)(B) and Local Rule 302. On December 2, 2019, the magistrate judge filed findings and recommendations herein 22 23 which were served on all parties and which contained notice to all parties that any objections to 24 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 25 objections to the findings and recommendations. 26 ///// 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review. Having carefully reviewed all relevant portions of the 3 court’s file, the court finds the findings and recommendations to be supported by the record and 4 by proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed December 2, 2019, are adopted in full; and 7 2. Plaintiff’s June 19, 2019 motion to enforce the terms of a settlement agreement is denied. 8 9 10 11 DATED: January 22, 2020 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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