(PC) Lewis v. Welsh ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 Case No. 1:19-cv-01468-DAD-EPG (PC) TYRONE LEWIS, 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, 11 RECOMMENDING THAT PLAINTIFF’S v. MOTION TO ENFORCE SETTLEMENT 12 AGREEMENT BE DENIED 13 W ELCH, (ECF No. 37) 14 Defendant. OBJECTIONS, IF ANY, DUE WITHIN 15 FOURTEEN DAYS 16 Tyrone Lewis (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 17 in this action filed on October 17, 2019. This case settled (ECF No. 35) and was closed (ECF 18 No. 36). 19 On November 1, 2021, Plaintiff filed what the Court construes as a motion to enforce 20 the settlement agreement. (ECF No. 37). According to Plaintiff, Defendant failed to make the 21 $500 settlement payment. As evidence, Plaintiff attached his Inmate Statement Report. 22 On November 10, 2021, Defendant filed the declaration of S. Saunders, a Restitution 23 Coordinator at the Inmate Accounting Office Headquarters, in response to Plaintiff’s motion. 24 (ECF No. 39). As restitution coordinator, Saunders has “access to and can review inmate trust 25 accounts, financial transactions made by CDCR, and settlement payments made by CDCR to 26 inmates.” (Id. at 1). Saunders reviewed Plaintiff’s Inmate Statement Report for settlement 27 payments made by the CDCR for this case. (Id. at 2). “On August 11, 2021, an amount of 28 $500 was tendered by CDCR to Plaintiff Lewis. This payment was made as a ‘Direct 1 || Restitution Payment.’ The check number is 04-602153. This was the settlement payment for 2 || the case of Lewis v. Welsh et al., 1:19-cv-1468-EPG.” (1d.). Attached to the declaration is a 3 || copy of the remittance associated with this transaction. (Id.). The remittance states that a $500 4 || payment was made to Plaintiff and references the case number for this case. Cd. at 4). 5 The Court notes that the dismissal order did not retain jurisdiction over this matter. 6 || Moreover, after reviewing the evidence, including the Inmate Statement Report provided by 7 || Plaintiff (ECF No. 37, p. 3), Plaintiff received the $500 settlement payment on August 11, 8 |} 2021. 9 Accordingly, IT IS HEREBY RECOMMENDED that Plaintiffs motion to enforce the 10 || settlement agreement (ECF No. 37) be denied. 11 These findings and recommendations are submitted to the United States district judge 12 || assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within fourteen 13 || (14) days after being served with these findings and recommendations, any party may file 14 || written objections with the court. Such a document should be captioned “Objections to 15 || Magistrate Judge's Findings and Recommendations.” Any response to the objections shall be 16 || served and filed within fourteen (14) days after service of the objections. The parties are 17 || advised that failure to file objections within the specified time may result in the waiver of 18 || rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. 19 || Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 0 IT IS SO ORDERED. 71 I! Dated: _ November 12, 2021 [Je ey — 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28