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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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: 16-cv-2268 TLN KJN P
Plaintiff,

v.

ORDER

G. TESLUK, 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 March 8, 2018, Magistrate Judge Kellison conducted a settlement

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conference in this action and Moore v. Price, 2:14-cv-1232 TLN DB P. (ECF No. 83.) Both

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actions settled. (Id.)

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On December 20, 2021, plaintiff filed a motion alleging breach of the settlement

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agreement. (ECF No. 86.) Plaintiff alleges that defendants breached the settlement agreement by

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denying him parole and interfering with his parole suitability by filing false disciplinary charges.

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(ECF No. 86.)

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The undersigned listened to the recording from the March 8, 2018 hearing where the terms

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of the settlement agreement in both cases were read on the record. Magistrate Judge Kellison

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stated, and plaintiff agreed, that the instant case settled for a monetary amount only. Magistrate

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Judge Kellison did not state that defendants agreed to take no actions to deny or interfere with
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plaintiff’s parole suitability. 1 For these reasons, the undersigned finds that plaintiff’s motion

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alleging breach of the settlement agreement is without merit.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion alleging breach of the

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settlement agreement (ECF No. 86) is denied.

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Dated: January 7, 2022

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Mo2268.set

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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.
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