Chambers v. Price et al

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2018 DENYING as moot 44 Request for Assistance Regarding the Settlement. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME CHAMBERS,

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No. 2: 15-cv-2274 GEB KJN P

Plaintiff,
v.

ORDER

JEROME PRICE, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On December 20, 2017, the undersigned conducted a settlement conference

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in this action. The parties reached a settlement and agreed to voluntarily dismissed this action.

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(ECF No. 40.)

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On July 2, 2018, plaintiff filed his second request regarding the settlement. (ECF No. 44.)

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Plaintiff states that under the terms of the settlement, he was to be paid $7000.00, but he only

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received $5,000.00.

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The undersigned has listened to the recording of the settlement placed on the court record.

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The parties agreed to settle this case for payment of $5,000.00, with the understanding that such

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proceeds would first be applied to plaintiff’s restitution. The recording of the settlement confirms

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the undersigned’s handwritten notes that the settlement was for $5,000.00. Plaintiff has provided

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a copy of his inmate statement report that reflects he was credited $5,000.00. The sum of
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$3,716.99 was applied to restitution and an administrative fee, and the balance of $1,283.01 was

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deposited in plaintiff’s inmate account. (ECF No. 44 at 4.) Thus, the settlement proceeds of

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$5,000.00 were properly applied, and no further assistance from the court is required.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for assistance regarding

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the settlement (ECF No. 44) is denied as moot.

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Dated: July 11, 2018

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/cw/cham2274.set

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