(PC) Bland v. Unknown ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA BLAND, No. 2:19-cv-2102 CKD P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 UNKNOWN, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On December 5, 2019, plaintiff entered into a settlement agreement in Bland v. 19 Badger (Bland I), 1:19-cv-0702 DAD EPG, that included the dismissal of this case with 20 prejudice. ECF No. 12. Plaintiff then requested that the settlement be rescinded. Bland I, ECF 21 Nos. 36, 37. The request was denied. Bland I, ECF No. 50. Accordingly, the settlement 22 agreement remains valid and it will be recommended that this case be dismissed with prejudice in 23 accordance with the settlement agreement in Bland I. 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 25 assign a United States District Judge to this action. 26 IT IS FURTHER RECOMMENDED that this action be dismissed with prejudice in 27 accordance with the settlement agreement in Bland v. Badger, 1:19-cv-0702 DAD EPG. 28 //// 1 These findings and recommendations are submitted to the United States District Judge 2 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 3 | after being served with these findings and recommendations, plaintiff may file written objections 4 | with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 5 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 7 | (9th Cir. 1991). 8 || Dated: December 9, 2020 Pee a4 if / bas CANO fe KOU — ? CAROLYN K. DELANEY 10 UNITED STATES MAGISTRATE JUDGE 11 12 13:blan2102.dismiss.f&r 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28