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Jeffrey Broadway v. T. Felker

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 13, 2011

JEFFREY BROADWAY, PLAINTIFF,
v.
T. FELKER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff is a state prison inmate proceeding pro se with a civil rights action. On June 19, 2009, this case was dismissed with prejudice on the parties' stipulation following settlement.

On November 15, 2010, the court adopted the magistrate judge's recommendation that plaintiff's requests for enforcement of the settlement agreement be denied for lack of jurisdiction.

Plaintiff has now filed a "Petition For Writ of Execution For Payment of Money Judgment" under Rule 69 of the Federal Rules of Civil Procedure. Because there was no money judgment in this case, Rule 69 does not apply. Adams v. City of Marshall, 2007 WL 3102099 at 2 (W.D. Mich. 2007).

IT IS THEREFORE ORDERED that plaintiff's petition for a writ of execution (doc. no. 126) be denied.

hm broa1482.ord

20110113

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