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)

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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

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