(PC) Hill v. McGeffen et al, No. 2:2020cv01422 - Document 24 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 6/11/2021 RECOMMENDING plaintiff's 22 motion to compel be denied as moot. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, 12 13 14 15 16 17 Plaintiff, v. MCGEFFEN, et al., Defendants. Case No. 2:20-cv-01422-KJM-JDP (PC) FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF’S MOTION TO COMPEL BE DENIED AS MOOT ECF No. 22 OBJECTIONS DUE WITHIN FOURTEEN DAYS The parties settled this case on February 3, 2021. See Cymeyon Hill v. Buckley, et al., 18 2:19-cv-01331-TLN-KJN (PC) at ECF No. 45. After voluntarily dismissing the case, plaintiff 19 filed a February 22, 2021 motion to compel that sought a copy of the settlement agreement. ECF 20 No. 22. In March of 2021, opposing counsel filed an opposition that argued that the motion was 21 moot and that a copy of the agreement had been mailed to plaintiff on February 23, 2021. ECF 22 No. 23 at 2. To date, plaintiff has not filed a reply stating that he has not received a copy of the 23 agreement or otherwise arguing that his motion is not moot. Accordingly, I conclude that the 24 issue has been resolved and recommend that the motion to compel, ECF No. 22, be denied. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after service of these findings and recommendations, any party may file written objections with 28 the court and serve a copy on all parties. Such a document should be captioned “Objections to 1 1 Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be 2 served and filed within fourteen days after service of the objections. The parties are advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 5 1153 (9th Cir. 1991). 6 7 IT IS SO ORDERED. 8 Dated: 9 10 June 11, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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