Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Christopher N. Washington v. Derral G. Adams

January 8, 2013

CHRISTOPHER N. WASHINGTON,
PLAINTIFF,
v.
DERRAL G. ADAMS,
DEFENDANT.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MISCELLANEOUS MOTIONS (ECF No. 111, 115, 121) CASE TO REMAIN CLOSED

I. PROCEDURAL HISTORY

Plaintiff Christopher N. Washington, a state prisoner proceeding pro se, filed this civil rights action on September 21, 2009 pursuant to 42 U.S.C. § 1983. The action proceeded on Plaintiff's March 24, 2011 second amended complaint (ECF No. 20) against Defendant Adams for damages for Defendant's alleged violation of Plaintiff's rights under the Free Exercise Clause of the First Amendment of the United States Constitution. Defendant was Warden of California State Prison-Corcoran (CSP-Corcoran) during the relevant time period. Plaintiff's claim arises from Defendant's denial of his written request for a religious name change.

On August 1, 2012, following a settlement conference, Plaintiff and Defendant filed a stipulation for voluntary dismissal of this action, with prejudice. (ECF No. 109.)

On August 3, 2012, the Court ordered the Clerk to close this case and deny all pending motions pursuant to Plaintiff's voluntary dismissal. (ECF No. 110; Fed. R. Civ. P. 41(a)(1)(A)(ii).) On August 21, 2012, Plaintiff filed a motion seeking enforcement of the settlement agreement. (Mot. Enf. J., ECF No. 111.) On September 17, 2012, this Court issued a minute order directing the parties to inform the Court whether the terms of the settlement in this matter had been implemented. (ECF No. 113.)

On September 26, 2012, Plaintiff filed his response to the Court's September 17th order. (Plf. Response, ECF No. 114.) On October 1, 2012, Defendant filed his response to the Court's September 17th order. (Def. Response, ECF No. 117.) Plaintiff filed purported objections to Defendant's response and a request for findings and conclusions by the Court on October 15, 2012. (Plf. Obj. to Def. Response, ECF No. 119.)

Plaintiff filed a motion for sanctions against Defendants on September 26, 2012, based upon alleged failure to comply with the settlement agreement. (Mot. Sanctions, ECF No. 115.)

Plaintiff filed a motion for referral of this matter to alternative dispute resolution on December 13, 2012. (Mot. ADR, ECF No. 121.)

The foregoing motions are now before the Court.

II. ARGUMENTS

A. Plaintiff's Arguments

Plaintiff asks that the Court reopen this case pursuant to Fed. R. Civ. P. 70, 71, arguing Defendant failed to add his religious name, El-Bey-Washington, to prison records as required by the settlement agreement that led to his voluntary dismissal; he also requests that the Court order Defendant and non-party C. Gipson to comply with the settlement agreement. (Mot. Enf. J. at 1:12-2:26.) He claims that the name change is to be implemented in all his prison records statewide including records upon transfer (Plf. Response at 2:5-9) and that his records have not been updated accordingly. (Id. at 2:15-16.)

Plaintiff seeks unspecified sanctions pursuant to Fed. R. Civ. P. 11 and Local Rule 110, based upon Defendant's alleged failure to comply with the settlement agreement that was the basis for the Court's order closing this case. (Mot. Sanctions at 1:12-28.)

Plaintiff seeks referral of the foregoing matters to alternative dispute resolution pursuant to Local Rules 16-271 and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.