Hess v. Dept of Corrections, et al
Filing
148
MEMORANDUM AND ORDER - Hess' Motion Regarding Collection of Judgment (filing no. 140 ) and Objection (filing no. 145 ) are denied. The clerk of the court is direct to release $2,498.00 to Craig Richardson from the $2,500.00 curr ently held by the court pursuant to the Judgment in this matter. This $2,498.00 will fully satisfy the Judgment (filing no. 99 ) in this matter. The clerk of the court is directed to refund $2.00, the amount remaining from the $2,500.00 currently held by the court pursuant to the Judgment in this matter, to Hess. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party) (Copy given to Finance) (AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TROY A. HESS,
Plaintiff,
v.
HAROLD W. CLARKE, et al.,
Defendants.
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4:93CV3337
MEMORANDUM
AND ORDER ON MOTION
REGARDING COLLECTION OF
JUDGMENT
This matter is before me on Plaintiff Troy A. Hess’s (“Hess”) Motion
Regarding Collection of Judgment. (Filing No. 140.) In this motion, and in his
accompanying affidavit, Hess states that on “4-10-2000” his grandfather Robert Olivo
paid the $2,500.00 judgment entered against him in this matter. (Id.; Filing No. 143.)
However, Hess also states that his mother recently sent him a cashier’s check in the
amount of $3,269.00 and that the Tecumseh State Correctional Institution (“TSCI”)
withheld and mailed $2,500.00 to this court, on Hess’s behalf, to pay the Judgment.
(Id.) Hess asks the court to refund the $2,500.00 because the judgment was
previously paid. (Filing No. 140.) The defendants did not initially respond to Hess’s
motion. (See Docket Sheet.)
On October 3, 2012, I entered a Memorandum and Order on “Motion
Regarding Collection of Judgment” directing Hess to file a properly authenticated
document confirming that his grandfather paid the judgment. (Filing No. 144.) I
also directed the defendants to respond to Hess’s motion and affirmatively state
whether the judgment in this matter has been paid. (Id.)
On October 12, 2012, Hess filed an Objection to my October 3, 2012,
memorandum and order. (Filing No. 145.) In the objection, Hess argues that his
institution had no right to withhold and mail $2,500.00 to this court. (Id.) He also
argues that his “account” for this case was “closed and paid [on] 4-10-2000.” (Id. at
CM/ECF p. 2.)
On October 29, 2012, the defendants responded to my October 3, 2012,
memorandum and order, stating that there is no record of payment of the judgment
in this matter. (Filing No. 146.) In support, the defendants filed a sworn affidavit
from Inga L. Hookstra (“Hookstra”), the Controller in the Accounting Department of
the Nebraska Department of Corrections (“NDCS”). (Filing No. 147.) Hookstra
states that, before mailing the $2,500.00, her staff contacted the court and verified
that the judgment in this matter had not been paid. (Id. at CM/ECF pp. 2-3.) The
defendants also filed a sworn affidavit from Craig Richardson (“Richardson”), the
former NDCS employee who was awarded $2,500.00 in this matter for his
counterclaim. (Id. at CM/ECF pp. 4-5; see also Filing No. 99.) Richardson states he
received an amount of less than two dollars shortly after the trial in this matter, which
he believed to be a payment toward the $2,500.00 award. (Filing No. 147 at CM/ECF
pp. 4-5.) However, Richardson received no further payments. (Id.)
After careful review of the record, Hess has failed to show that the full amount
of the judgment in this matter was previously paid by his grandfather. Thus, I will
direct the clerk of the court to release $2,498.00 to Richardson from the $2,500.00
currently held by the court pursuant to the judgment in this matter. The clerk of the
court shall refund the remaining $2.00 to Hess.
IT IS THEREFORE ORDERED that:
1.
Hess’ Motion Regarding Collection of Judgment (filing no. 140) and
Objection (filing no. 145) are denied.
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2.
The clerk of the court is direct to release $2,498.00 to Craig Richardson
from the $2,500.00 currently held by the court pursuant to the Judgment in this
matter. This $2,498.00 will fully satisfy the Judgment (filing no. 99) in this matter.
3.
The clerk of the court is directed to refund $2.00, the amount remaining
from the $2,500.00 currently held by the court pursuant to the Judgment in this
matter, to Hess.
Dated November 20, 2012.
BY THE COURT
__________________________________________
Warren K. Urbom
United States Senior District Judge
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