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Zachary Lee Glenn v. Cole

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


August 11, 2011

ZACHARY LEE GLENN, PLAINTIFF,
v.
COLE, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

On September 17, 2010, plaintiff's motion for default judgment against defendant Cole was granted, plaintiff was awarded $1 in nominal damages and awarded $2,000 in punitive damages. On February 22, 2011, plaintiff filed a document in which he indicates that he has not received payment from defendant Cole. Plaintiff asserts Cole is employed as a correctional officer at High Desert State Prison and requests that the court enter an order for High Desert State Prison to garnish Cole's wages.*fn1

Under Rule 69(a)(1) of the Federal Rules of Civil Procedure, execution of a money judgment is enforced by writ of execution and "[t]he procedure on execution--and in proceedings supplementary to and in aid of judgment or execution--must accord with [California law], but a federal statute governs to the extent it applies." California Code of Civil Procedure § 706.010 et seq. concerns procedures attendant to garnishment of wages. California Code of Civil Procedure § 699.010 et seq. concerns enforcement of money judgments by writ of execution. The first step in the process for garnishment of wages is for plaintiff to obtain an issued "writ of execution" from the Clerk of the Court. Plaintiff may do so by completing a writ of execution (Judicial Counsel of California Form EJ-130) and then sending it to the Clerk of the Court for issuance. The Clerk will issue the writ and return it to plaintiff if the writ is completed correctly. At this stage, the court does not enter any order directing that Cole's wages be garnished.

For all the foregoing reasons, IT IS HEREBY ORDERED that plaintiff's February 22, 2011 "ex parte motion for an order to sanction defendant . . .," construed as a motion requesting an order directing High Desert State Prison to garnish the wages of defendant Cole, is denied.


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