Harrison v. Sample

Filing 88

ORDER (Illston, Susan) (Filed on 2/1/2012) (Additional attachment(s) added on 2/1/2012: # 1 Certificate/Proof of Service) (tf, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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9 MARCUS L. HARRISON,

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For the Northern District of California

United States District Court

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No. C 07-959 SI (pr)
ORDER

Plaintiff,
v.
OFFICER J. SAMPLE,
Defendant.

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Plaintiff has filed a "request for leave to have the filing fee obligations recovered/retracted
per the mandate filed in this case." (Docket # 87.) Plaintiff wants the court to order defendant
and/or the CDCR to pay back the portion of the filing fee he has paid and to end the obligation
on his inmate account for the rest of the filing fee. The request is DENIED. After plaintiff
prevailed on appeal and the case was remanded to this court, the parties settled the case. Their
settlement agreement included a release of any claim for plaintiff's filing fees. Specifically, the
settlement agreement provided: "Plaintiff also fully and forever releases and discharges
Defendants, all served and unserved Defendants, the State of California, CDCR (including, but
not limited to its representatives, agents, and employees), Pelican Bay State Prison (including,
but not limited to its representatives, agents, and employees), and any unnamed defendants, past
or present, from all claims, demands, actions, and causes of action including claims for
attorneys' fees, court costs, and other costs of suit, arising out of any alleged injury or claim
incurred by Plaintiff as alleged in the actions." Docket # 85-1, p. 5 (emphasis

1 added). In light of that settlement agreement, plaintiff is not entitled to recover the filing fee
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IT IS SO ORDERED.

4 Dated: February 1, 2012

_______________________
SUSAN ILLSTON
United States District Judge

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For the Northern District of California

United States District Court

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