1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEON HAWKINS, Case No. 1:23-cv-00170-KES-HBK (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S MOTION AS MOOT 13 v. (Doc. No. 51) 14 C. URIAS, FOURTEEN-DAY OBJECTION PERIOD 15 Defendant. 16 17 On August 5, 2025, Plaintiff filed a motion regarding Plaintiff’s settlement payment. 18 (Doc. No. 51). Plaintiff claims that as of the date he signed the motion—July 10, 2025—he had 19 not yet received the settlement funds under the Settlement Agreement which were due on or about 20 July 22, 2025. (Id. at 2). Liberally construed, Plaintiff seeks to enforce the settlement agreement 21 he reached with the California Department of Corrections. 22 On August 22, 2025, Defendant filed an opposition to the motion. (Doc. No. 52). 23 Defendant attaches the Declaration of John W. Nam, Deputy Attorney General. Deputy Attorney 24 General Nam attests that “an update from CDCR’s settlement coordinator” indicates that the 25 “settlement fund payment occurred on August 11, 2025.” 26 On August 25, 2025 the Court issued an order directing Plaintiff to file either a reply to 27 Defendant’s opposition or a request to withdraw his motion as moot by September 12, 2025. 28 (Doc. No. 53 at 1-2). The Court informed Plaintiff that failure to file either a reply or a request to 1 | withdraw his motion would result in the Court deeming Defendant’s declaration that the 2 | settlement has been paid as uncontested and issuing Findings and Recommendations that the 3 | district court deny Plaintiff's motion as moot. (/d. at 2). Plaintiff has not filed a rely to 4 | Defendant’s opposition or a request to withdraw his motion, and the deadline to do so has since 5 | expired. (See Docket). 6 ACCORDINGLY, it is RECOMMENDED: 7 Plaintiffs construed motion to enforce settlement agreement (Doc. No. 51) be DENIED 8 | as MOOT.! 9 NOTICE TO PARTIES 10 These Findings and Recommendations will be submitted to the United States District 11 | Judge assigned to this case, pursuant to the provisions of

(b)(). Within 14 days 12 | after being served with a copy of these Findings and Recommendations, a party may file written 13 | objections with the Court. /d.; Local Rule 304(b). The document should be captioned, 14 | “Objections to Magistrate Judge’s Findings and Recommendations.” The assigned District Judge 15 | will review these Findings and Recommendations under

(b)(1)(C). A party’s 16 | failure to file objections within the specified time may result in the waiver of certain rights on 17 || appeal. Wilkerson v. Wheeler,

(9th Cir. 2014). 18 | Dated: _ October 6, 2025 Mihaw. Wh. foareh Zaskth 20 HELENA M. BARCH-KUCHTA 1 UNITED STATES MAGISTRATE JUDGE

22 23 24 25 26 27 || ———— ' The Court need not determine whether it retained jurisdiction to enforce the settlement agreement given 28 | that the motion is moot.