(PC) Holcomb v. High Desert, et al, No. 2:2002cv02417 - Document 198 (E.D. Cal. 2010)

Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 8/26/2010 ORDERING 189 FINDINGS AND RECOMMENDATIONS are adopted in full; denying 157 Motion for Enforcement of settlement agreement; settlement agreement is VOIDED; Trial set for 12/7/2010 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Trial Confirmation Hearing set for 9/13/2010 at 11:15 AM before Senior Judge Lawrence K. Karlton. (Waggoner, D)
Download PDF
(PC) Holcomb v. High Desert, et al Doc. 198 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN DURRELL HOLCOMB, 11 Plaintiff, 12 No. CIV S-02-2417 LKK KJM P vs. 13 HIGH DESERT STATE PRISON, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On July 6, 2010, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. Neither party has 22 filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed July 6, 2010, are adopted in full; 2 2. Defendants’ motion for enforcement of the parties’ settlement agreement 3 (#157) is denied and the settlement agreement is voided; and 4 3. Trial is set for December 7, 2010 at 10:30 a.m., in courtroom no. 4 before the 5 Honorable Lawrence K. Karlton with a trial confirmation hearing set from September 13, 2010 at 6 11:15 a.m. 7 DATED: August 26, 2010. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2