Bruce, et al v. E. Ylst, et al
Filing
233
ORDER RE-OPENING CASE; Directing Defendants to File Repsonse to Motion to Enforce Settlement Agreement by Judge Ronald M. Whyte. Denying 228 Motion for Discovery; Denying 229 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 5/13/2013)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11
VINCENT C. BRUCE,
12
Plaintiff,
13
14
15
vs.
EDDIE YLST, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
No. C 99-4492 RMW (PR)
ORDER RE-OPENING CASE;
DIRECTING DEFENDANTS TO
FILE RESPONSE TO MOTION TO
ENFORCE SETTLEMENT
AGREEMENT
(Docket Nos. 228, 229)
16
Plaintiff, a state prisoner proceeding pro se, filed a federal civil rights complaint pursuant
17
to 42 U.S.C. § 1983, challenging prison gang validation procedures. On September 13, 2001, the
18
court granted defendants’ motion for summary judgment and terminated the case. On February
19
3, 2004, the Ninth Circuit affirmed in part, reversed in part, and remanded in part. See Bruce v.
20
Ylst, 351 F.3d 1283 (9th Cir. 2003). Upon remand, the parties reached a settlement agreement,
21
and entered into a stipulated dismissal. (Doc. No. 226.)
22
On March 15, 2013, plaintiff filed a motion to enforce the settlement agreement, motion
23
to appoint counsel, and motion to permit discovery. The case was thereafter re-assigned to the
24
undersigned judge.
25
The clerk is directed to RE-OPEN this action. Within forty-five (45) days of the filing
26
date of this order, defendants are directed to file a response to plaintiff’s motion to enforce the
27
settlement agreement. Plaintiff shall file his reply fourteen (14) days thereafter.
28
Order Re-Opening Case; Directing Defendants to File Response to Motion to Enforce Settlement Agreement
G:\PRO-SE\SJ.Rmw\CR old\CR.99\Bruce492reo.wpd
1
2
3
4
5
Plaintiff’s motion for discovery and to appoint counsel are DENIED without prejudice at
this time.
IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Re-Opening Case; Directing Defendants to File Response to Motion to Enforce Settlement Agreement
G:\PRO-SE\SJ.Rmw\CR old\CR.99\Bruce492reo.wpd 2
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
BRUCE, ET AL,
Case Number: CV99-04492 RMW
Plaintiff,
CERTIFICATE OF SERVICE
v.
YLST, ET AL et al,
Defendant.
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 13, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
Vincent C. Bruce J-84086
PBSP
D6-101
P.O. Box 7500
Crescent City, CA 95532
Dated: May 13, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk
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?