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Winding v. Graham

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION
Jan 30, 2015
CIVIL ACTION NO. 3:13cv426-CWR-FKB (S.D. Miss. Jan. 30, 2015)

Opinion

CIVIL ACTION NO. 3:13cv426-CWR-FKB

01-30-2015

JAMES C. WINDING PLAINTIFF v. JOYCE GRAHAM, et al. DEFENDANTS


REPORT AND RECOMMENDATION

This is an action filed by James C. Winding, a state prisoner, against various prison officials. On October 24, 2013, and November 14, 2013, Plaintiff filed notices of voluntary dismissal . The Court treated the notices as motions for dismissal and on January 8, 2014, entered an order of dismissal and a final judgment. .

Presently before the Court is the motion of Plaintiff to enforce a settlement agreement. The motion consists solely of a reference to an exhibit, which consists of a settlement agreement and numerous other documents. Presumably, Plaintiff is alleging that Defendants have failed to comply with the terms of the settlement agreement.

No settlement agreement was referenced in Plaintiff's requests to dismiss this action, and likewise none was mentioned in the order of dismissal or final judgment. Because these orders neither incorporated the terms of the alleged settlement agreement nor retained jurisdiction to enforce it, this court is without jurisdiction to enforce the agreement. See Kokkonen v. Guardian Life Ins. Co, 511 U.S. 375, 378 (1994); Hospitality House, Inc. v. Gilbert, 298 F. 3d 424, 433-34 (5th Cir. 2002). For this reason, the undersigned recommends that Plaintiff's motion be denied.

The parties are hereby notified that failure to file written objections to the proposed findings, conclusions, and recommendation contained within this report and recommendation within fourteen (14) days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the proposed factual findings and legal conclusions accepted by the district court. 28 U.S.C. § 636; Fed. R. Civ. P. 72(b); Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996).

Respectfully submitted, this the 30th day of January, 2015.

/s/ F. Keith Ball

UNITED STATES MAGISTRATE JUDGE


Summaries of

Winding v. Graham

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION
Jan 30, 2015
CIVIL ACTION NO. 3:13cv426-CWR-FKB (S.D. Miss. Jan. 30, 2015)
Case details for

Winding v. Graham

Case Details

Full title:JAMES C. WINDING PLAINTIFF v. JOYCE GRAHAM, et al. DEFENDANTS

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

Date published: Jan 30, 2015

Citations

CIVIL ACTION NO. 3:13cv426-CWR-FKB (S.D. Miss. Jan. 30, 2015)