Cooper v. State of California, The et al

Filing 207

ORDER DENYING MOTION TO ENFORCE SETTLEMENT AGREEMENT. Signed by Judge Jeffrey S. White on 11/28/11. (jjoS, COURT STAFF) (Filed on 11/28/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 VICTOR W. COOPER, 10 Plaintiff, 11 For the Northern District of California United States District Court 9 12 13 No. C 02-03712 JSW ORDER DENYING MOTION TO ENFORCE SETTLEMENT AGREEMENT v. STATE OF CALIFORNIA, (Docket No. 206) Defendant. / 14 15 On November 16, 2011, Kenneth Robert Brown filed a document, which liberally 16 construed, seeks enforcement of the Settlement Agreement in this case. (Docket No. 206.) Mr. 17 Brown’s motion to enforce is denied without prejudice on the basis that the Court’s continuing 18 jurisdiction over the Settlement Agreement was terminated in an Order dated January 9, 2007, 19 which adopted a Report and Recommendation of Magistrate Judge Spero, dated December 18, 20 2006. (See Docket Nos. 162, 170.) If Mr. Brown seeks to raise a legal challenge to the Kosher 21 Diet Program, he may assert such challenges in a complaint filed in the appropriate jurisdiction 22 and in compliance with any exhaustion requirements that may apply to such claims. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: November 28, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 1 2 UNITED STATES DISTRICT COURT 3 FOR THE 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 COOPER, Case Number: CV02-03712 JSW 7 Plaintiff, CERTIFICATE OF SERVICE 8 v. 9 11 For the Northern District of California United States District Court STATE OF CALIFORNIA, THE ET AL et 10 al, Defendant. / 12 13 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 14 That on November 28, 2011, I SERVED a true and correct copy(ies) of the attached, by 15 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 16 inter-office delivery receptacle located in the Clerk's office. 17 Kenneth Robert Brown P-21414 4A3R-04IL 18 California State Prison P. O. Box 3476 19 Corcoran, CA 93212 20 21 Dated: November 28, 2011 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 22 23 24 25 26 27 28 2

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