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).
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
NORTHERN DISTRICT OF CALIFORNIA
8
9 MARCUS L. HARRISON,
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
No. C 07-959 SI (pr)
ORDER
Plaintiff,
v.
OFFICER J. SAMPLE,
Defendant.
/
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
2 from defendant or the CDCR.
3
IT IS SO ORDERED.
4 Dated: February 1, 2012
_______________________
SUSAN ILLSTON
United States District Judge
5
6
7
8
9
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?