(PC) Wells v. Gonzales

I. INTRODUCTION

18 Frank Wells (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action filed pursuant to 42 U.S.C. § 1983. This case settled (ECF No. 107) and 20 was closed (ECF Nos. 109 & 110). However, the Court retained jurisdiction to enforce the 21 terms of the settlement agreement. (ECF No. 110). 22 On July 6, 2021, Plaintiff filed what the Court construes as a motion to enforce the 23 settlement agreement. (ECF No. 112). Plaintiff argues that Defendant1 improperly seized the 24 entire settlement payment for restitution, notwithstanding a law and a regulation limiting any 25 deduction of deposits into a trust account to a maximum of 50% of the amount deposited. On

27 1 Rosa Gonzales, the named defendant, entered into the settlement agreement with Plaintiff. Based on the terms of the settlement agreement, the California Department of Corrections and Rehabilitation made the settlement payment. As the parties’ filings fail to distinguish between these actors in connection with this motion, the Court will refer to them collectively as “Defendant.” July 19, 2021, Defendant filed an opposition. (ECF No. 113). …