Morriss v. California Department of Corrections et al

Filing 75

ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY MOTIONS RE ALLEGED BREACH OF SETTLEMENT AGREEMENT. Signed by Judge Richard Seeborg on 4/10/12. (cl, COURT STAFF) (Filed on 4/10/2012)

**E-filed 4/10/12 **

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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SHANE MORRISS,
Plaintiff,

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v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al.,

No. C 06-2471 RS
ORDER ADOPTING REPORT AND
RECOMMENDATION TO DENY
MOTIONS RE ALLEGED BREACH
OF SETTLEMENT AGREEMENT

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Defendants.
____________________________________/
This is a civil rights action which was resolved in a judicially-supervised settlement

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conference in April of 2008. A stipulated order of dismissal was entered in June of that year.

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Subsequently, plaintiff contended that defendants failed to comply with the settlement agreement,

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and filed a “Request for Trial for Breach of Contract of Settlement Agreement” and a “Request for

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Judgment on Breach of Contract.” Those motions were referred to Magistrate Judge Vadas, who

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previously had held numerous proceedings to address concerns raised by plaintiff regarding

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defendants’ performance of the settlement agreement. On March 1, 2012, Judge Vadas issued a

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Report and Recommendation that the pending orders be denied. No party has filed objections to the

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Report and Recommendation, and the time for doing so has expired. The Court has reviewed Judge

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Vadas’s thorough Report and Recommendation and adopts it here in full. Plaintiff’s motions,

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Docket Nos. 70 and 71, are denied.

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IT IS SO ORDERED.

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Dated: 4/10/12
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:

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Shane Morriss
J-53134
California State Prison-LAC
FCB5-149
P.O. Box 4610
Lancaster, CA 93539

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DATED: 4/10/12

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For the Northern District of California

United States District Court

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/s/ Chambers Staff
Chambers of Magistrate Judge Richard Seeborg

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