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Aasim Nia v. Derral Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 9, 2011

AASIM NIA,
PLAINTIFF,
v.
DERRAL ADAMS, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER DENYING MOTION FOR ENFORCEMENT OF JUDGMENT (DOC. 99)

Plaintiff Aasim Nia ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation. Plaintiff was proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. This action was proceeding against Defendant Derral Adams for violation of the Equal Protection Clause of the Fourteenth Amendment. On February 23, 2011, a jury verdict was entered in this action against Defendant Adams. Nominal damages were awarded in the amount of $1.00, and judgment was entered accordingly. Pending before the Court is Plaintiff's motion, filed June 29, 2011, seeking enforcement of the judgment.

Plaintiff contends that he has not received in his prison trust account the $1.00 that was awarded. The Court does not generally issue orders enforcing judgments simply because a verdict has been rendered. Plaintiff is required to use the procedures that are available for enforcement of judgment. See, e.g., Fed. R. Civ. P. 64 (describing seizure of property for enforcement of judgment, under the law of the state where court is located); Fed. R. Civ. P. 69 (describing enforcement of money judgment by writ of execution, in accord with the procedure of the state where court is located).

Based on the foregoing, it is HEREBY ORDERED that Plaintiff's motion for enforcement of judgment, filed June 29, 2011, is DENIED.

IT IS SO ORDERED.

b9ed48

20110809

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