Meador v. Kernan et al

Filing 9

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/2/2018 DIRECTING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed in violation of the settlement agreement reached in No. No. 2:17-cv-0203 KJM EFB on January 3, 2018. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GORDON DALE MEADOR,

12

Plaintiff,

13
14

No. 2:18-cv-0069 KJN P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

SCOTT KERNAN, et al.,

15

Defendants.

16
Plaintiff is a state prisoner, proceeding pro se. On January 12, 2018, plaintiff filed a civil

17
18

rights complaint renewing his allegations that defendant Kernan has placed a kill order on

19

plaintiff, and that there have been multiple attempts on plaintiff’s life, including multiple

20

poisonings and assaults, throughout his incarceration. However, on January 3, 2018, the

21

undersigned conducted a settlement conference with plaintiff in which such allegations were

22

resolved through settlement, including his claims for injunctive relief, and plaintiff agreed that he

23

would not re-file such allegations, waiving any further claims based on such allegations. Meador

24

v. Martin, Case No. 2:17-cv-0203 KJM EFB (E.D. Cal.). The settlement of such action was

25

placed on the court record.
In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is

26
27

directed to assign a district judge to this case; and

28

////
1

1
2

IT IS RECOMMENDED that this action be dismissed as in violation of the settlement
agreement reached in No. 2:17-cv-0203 KJM EFB on January 3, 2018.

3

These findings and recommendations are submitted to the United States District Judge

4

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

5

after being served with these findings and recommendations, plaintiff may file written objections

6

with the court and serve a copy on all parties. Such a document should be captioned

7

“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

8

failure to file objections within the specified time may waive the right to appeal the District

9

Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

10

Dated: February 2, 2018

11
12
13
/cw/mead0069.56

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2