Moore v. Tesluk et al

Filing 88

ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2022 DENYING plaintiff's 86 motion alleging breach of the settlement agreement. (Yin, K)

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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 KEVIN MOORE, 12 13 14 No. 2: 16-cv-2268 TLN KJN P Plaintiff, v. ORDER G. TESLUK, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. 1983. On March 8, 2018, Magistrate Judge Kellison conducted a settlement 19 conference in this action and Moore v. Price, 2:14-cv-1232 TLN DB P. (ECF No. 83.) Both 20 actions settled. (Id.) 21 On December 20, 2021, plaintiff filed a motion alleging breach of the settlement 22 agreement. (ECF No. 86.) Plaintiff alleges that defendants breached the settlement agreement by 23 denying him parole and interfering with his parole suitability by filing false disciplinary charges. 24 (ECF No. 86.) 25 The undersigned listened to the recording from the March 8, 2018 hearing where the terms 26 of the settlement agreement in both cases were read on the record. Magistrate Judge Kellison 27 stated, and plaintiff agreed, that the instant case settled for a monetary amount only. Magistrate 28 Judge Kellison did not state that defendants agreed to take no actions to deny or interfere with 1 1 plaintiff’s parole suitability. 1 For these reasons, the undersigned finds that plaintiff’s motion 2 alleging breach of the settlement agreement is without merit. 3 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion alleging breach of the 4 settlement agreement (ECF No. 86) is denied. 5 Dated: January 7, 2022 6 7 8 9 Mo2268.set 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 At the March 8, 2018 hearing, Magistrate Judge Kellison stated that 14-cv-1232 settled for a monetary amount and that he (Magistrate Judge Kellison) would transmit a letter to the Board of Parole (“BPH”) supporting plaintiff’s upcoming parole hearing. Plaintiff attaches to his pending motion a copy of a letter from Magistrate Judge Kellison to the BPH supporting plaintiff’s then upcoming parole hearing. 2

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