Nelson v. Neal

Filing 23

Report and Recommendation re 13 MOTION For Modification of Judgment in Accordance With FRCvP Rule 60(a) and Demand For Issuance of a Writ of Execution in Accordance with FRCvP Rule 70(d) filed by John J. Wall, 14 Application for Writ filed by John J. Wall. Signed by Magistrate Judge Bernard Zimmerman on 4/21/2010. (bzsec, COURT STAFF) (Filed on 4/21/2010) (Additional attachment(s) added on 4/21/2010: # 1 Proof of Service) (bzsec, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ROBERT DAVID NEAL, Defendant(s). DAVID J. NELSON, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C09-5162 PJH (BZ) REPORT AND RECOMMENDATION

On March 16, 2010 this matter was referred to me by Judge Hamilton for a Report and Recommendation on the application for writ of execution filed by John Wall, an interested party in this lawsuit. I issued an Order for Further Briefing.

On April 14, 2010 I received a response from Mr. Wall informing the Court that he "has decided to terminate his dealings with Mr. Nelson and thus has ended his interest" in this case. He also raised "no objection" to my briefing

order, which stated that if he did not submit additional authority in support of his application by April 9, I would recommend that it be denied. No authority has been provided.

In view of Mr. Wall's letter, I recommend that the court 1

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find that he has not established that he is entitled to apply for a writ of execution, and that his application be DENIED. Dated: April 20, 2010

Bernard Zimmerman United States Magistrate Judge
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