Cooper v. State of California, The et al

Filing 194

ORDER DENYING WITHOUT PREJUDICE 193 MOTION SEEKING ENFORCEMENT OF SETTLEMENT AGREEMENT. Signed by Judge Jeffrey S. White on 11/13/08. (jjo, COURT STAFF) (Filed on 11/13/2008) Modified on 11/13/2008 (jjo, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA VICTOR W. COOPER, Plaintiff, v. STATE OF CALIFORNIA, et al. Defendants. / No. C 02-03712 JSW ORDER DENYING WITHOUT PREJUDICE MOTION SEEKING ENFORCEMENT OF SETTLEMENT AGREEMENT (Docket 193)

United States District Court

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For the Northern District of California

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On November 6, 2008, this Court received a motion filed by P.F. Lazor, which seeks enforcement of the Settlement Agreement that was entered in this action. On June 12, 2007, this Court adopted in full a report and recommendation from Magistrate Judge Spero, and pursuant to that recommendation the Court terminated continuing jurisdiction over enforcement of the Settlement Agreement in this matter. The Court finds no basis on which to revisit that determination. Mr. Lazor's motion raises a number of issues relating to the implementation of the Kosher Diet program at CSP Delano. In light of the fact that the Court has terminated continuing jurisdiction over the Settlement Agreement, the Court DENIES WITHOUT PREJUDICE Mr. Lazor's motion. If Mr. Lazor seeks to challenge the Kosher Diet Program at CSP Delano, he may do so by re-filing the motion as a new case, in compliance with any exhaustion requirements that may apply to such claims and shall submit an application to proceed in forma pauperis or pay the requisite filing fees.

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Mr. Lazor also requests a copy of the Settlement Agreement and a copy of the entirety of this case file. The Clerk shall provide Mr. Lazor with a copy of the docket sheet, and an estimate of how much a copy of the Settlement Agreement would cost. In the event Mr. Lazor wishes to order other specific documents from the file, he may submit a request to the Clerk, who shall then provide him with a cost estimate for those copies. If Mr. Lazor is unable to pay for the copies, he may submit a motion to the Court requesting that the Court waive the costs of any copies requested. IT IS SO ORDERED. Dated: November 13, 2008

United States District Court

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For the Northern District of California

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 COOPER, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV02-03712 JSW CERTIFICATE OF SERVICE

STATE OF CALIFORNIA, THE ET AL et al, Defendant. /

United States District Court

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For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on November 13, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

P.F. Lazor #73842-C8-124 Box 5103 Delano, CA 93216-5103

Dated: November 13, 2008

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk