Hamilton v. Adamik et al

Filing 210

ORDER by Judge Claudia Wilken ADOPTING MAGISTRATE JUDGES 204 REPORT AND RECOMMENDATION RE 182 MOTION TO ENFORCE SETTLEMENT AND 204 MOTION TO DISMISS LITIGATION. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 11/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BERNARD HAMILTON,
No. C 06-6268 CW (PR)
Plaintiff,

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United States District Court
For the Northern District of California

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v.
OFFICER ADAMIK; SERGEANT WHITSON;
SERGEANT T. LEE; J. NUNEZ; R.
LEE, Medical Technical Assistant;
DR. WILLIAMS; DONALD A. CALVO; L.
SHAEFFER; W. JEPPESON; JILL A.
BROWN; N. GRANNIS; NURSE BARKLEY;
and G. FULLER,

ORDER ADOPTING
MAGISTRATE JUDGE’S
REPORT AND
RECOMMENDATION RE
MOTION TO ENFORCE
SETTLEMENT AND MOTION
TO DISMISS LITIGATION
(Docket nos. 182, 204)

Defendants.
________________________________/

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The Court has reviewed Magistrate Judge Vadas’s Report and

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Recommendation Re Motion to Enforce Settlement and Motion to

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Dismiss Litigation, as well as objections to the report.

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Court finds the Report correct, well-reasoned and thorough.

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particular, the Court concurs with Magistrate Judge Vadas’s

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assessment that “although there is no doubt that Plaintiff entered

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into the 2008 settlement to end the ice dispute and obtain a

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laptop computer, the settlement agreement does not include the

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provision of these items as terms of the settlement.”

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5:28-6:2.

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Recommendation in full, including Magistrate Judge Vadas’s

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“regretful[]” conclusion that the Court lacks the power to order

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Defendants to provide a laptop and ice to Plaintiff under the

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terms of the Notice of Settlement.

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The
In

Report at

The Court therefore adopts the Report and

Report at 6:7-9.

Accordingly, IT IS HEREBY ORDERED that the motion to enforce
settlement and motion to dismiss litigation is GRANTED.

It is

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further ordered that Plaintiff’s request for injunctive relief is

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DENIED.

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medical need that requires he be provided with a laptop and ice,

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he is not precluded by this Order from filing a new and separate

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lawsuit raising such claims.

If Plaintiff is of the belief that he has a serious

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This Order terminates Docket nos. 182 and 204.

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IT IS SO ORDERED.

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Dated: 11/6/2012

United States District Court
For the Northern District of California

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CLAUDIA WILKEN
United States District Judge

cc: NJV

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