(PC) Poslof v. Baughman et al

Filing 28

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/2023 DENYING 27 Motion. No Orders will issue in response to future filings.(Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LONNIE LEE POSLOFF, JR.,

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No. 2:19-cv-2243 KJN P

Plaintiff,

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v.

ORDER

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DAVID BAUGHMAN, et al.,

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Defendants.

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On November 6, 2023, plaintiff filed a motion to recover costs. Plaintiff claims he was

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“under the impression and was told by defendant’s counsel that the filing fees were to be covered

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by the settlement check once received.” (ECF No. 27 at 2.) However, the record reflects that this

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action was settled at a settlement conference on October 27, 2020. (ECF No. 21.) Contrary to

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plaintiff’s motion, the stipulation for voluntary dismissal of this action states: “Each party shall

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bear its own litigation costs and attorney’s fees.” (ECF No. 22 at 2.) In addition, the stipulation

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did not state that plaintiff was the prevailing party; rather, the parties settled the matter.
Further, on June 30, 2023, plaintiff was informed that the stipulation for dismissal did not

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incorporate the terms of the settlement agreement or provide that this court retain jurisdiction

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over the matter. 1 (ECF No. 26.)

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The judge who held the settlement agreement also stated that plaintiff’s settlement proceeds
appear to have been properly disbursed. (ECF No. 26 at 2 n.1.)
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For the above reasons, plaintiff’s motion is denied.

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This civil rights action was closed on November 4, 2020. Plaintiff is advised that

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documents filed by plaintiff since the closing date will be disregarded and no orders will issue in

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response to future filings.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion (ECF No. 27) is denied; and

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2. No orders will issue in response to future filings.

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Dated: November 15, 2023

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posl2243.58

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