Hardney v. Griffith et al

Filing 29

ORDER signed by Magistrate Judge Allison Claire on 1/7/2020 ORDERING defendants shall file and serve a response to plaintiff's 28 motion within 14 days. Plaintiff may file and serve a reply within 14 days after service date of defendants' response. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN HARDNEY,

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No. 2:17-cv-2462 MCE AC P

Plaintiff,

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v.

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ORDER

T. GRIFFITH, et al.,

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Defendants.

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This prisoner civil rights case was closed on July 17, 2019, the day after the parties filed a

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stipulation for dismissal and informed the court that they had resolved the case in its entirely. See

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ECF Nos. 26, 27.
On December 15, 2019,1 plaintiff filed and served a motion for court order directing

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defendants to comply with their settlement agreement to compensate plaintiff in the amount of

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$2,000. ECF No. 28. Plaintiff states that the parties settled the case on June 27, 2019, on terms

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including a payment of $2,000 to plaintiff within six months of that date. As of December 15,

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2019, plaintiff had not received payment. Plaintiff seeks immediate payment with interest for late

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payment under 28 U.S.C. § 1961.

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Under the prison mailbox rule, a document is deemed filed and served on the date it was signed
by the prisoner and given to prison officials for mailing. Houston v. Lack, 487 U.S. 266 (1988).
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IT IS HEREBY ORDERED that:

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1. Defendants shall file and serve a response to plaintiff’s motion within fourteen (14)

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days after the filing date of this order; and
2. Plaintiff may file and serve a reply within fourteen (14) days after the service date of

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defendants’ response.

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DATED: January 7, 2020

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