Opinion
2:18-CV-2743-TLN-DMC-P
02-15-2023
KORDY RICE, Plaintiff, v. FIELDER, Defendant.
ORDER
DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff's motion, ECF No. 92, for clarification of the Court's January 3, 2023, findings and recommendations.
In the January 3, 2023, findings and recommendations, the Court recommended entry of a default judgment against Defendant Fielder in the amount of $5,000.00. See ECF No. 90. Plaintiff seeks clarification of the findings and recommendations. See ECF No. 92. Specifically, Plaintiff asks: (1) when he would receive the $5,000.00 default judgment; and (2) who would provide the funds. See id.
The Court grants Plaintiff's motion insofar as those questions are answered herein. First, should the findings and recommendations be adopted by the District Judge, Plaintiff would be responsible for enforcement and collection of the default judgment. Thus, the timing of payment is dependent on Plaintiff's efforts in that regard and his ability to enforce the judgment.
Second, should the findings and recommendations be adopted by the District Judge, Defendant Fielder would be liable for payment of the default judgment.
The Clerk of the Court is directed to terminate ECF No. 92 as a pending motion.
IT IS SO ORDERED.