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Stevens v. Wickham

United States District Court, D. Nevada

July 11, 2019

THEODORE STEVENS, Plaintiff,
v.
HONEY WICKHAM, et al., Defendants.

          ORDER AND REPORT AND RECOMMENDATION

         C.W. HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE.

         Presently before the court is plaintiff Theodore Stevens' application to proceed in forma pauperis (ECF No. 1), filed on July 17, 2017.

         Also before the court is plaintiff's motion to rescind settlement (ECF No. 15), filed on November 6, 2018.

         Also before the court is defendants James Dzurenda, J Graham, and Brian Williams' motion to enforce settlement (ECF No. 16), filed on November 20, 2018.

         Also before the court is plaintiff's motion to extend time (ECF No. 17), filed on November 28, 2018.

         Also before the court is plaintiff's motion for order to return illegally seized money (ECF No. 19), filed on December 5, 2018. Defendants filed a response (ECF No. 21) on December 19, 2018. Plaintiff filed a reply (ECF No. 22) on December 21, 2018.

         Also before the court is plaintiff's motion for leave to file (ECF No. 23), filed January 9, 2019.

         Also before the court is plaintiff's motion to withdraw (ECF No. 25), filed on January 25, 2019.

         Also before the court is plaintiff's motion to extend time (ECF No. 34), filed on June 20, 2019.

         Also before the court is defendant's second motion to enforce settlement (ECF No. 38), filed on July 8, 2019.

         I. BACKGROUND

         This is a pro se prisoner civil rights action under 42 U.S.C. § 1983. Plaintiff alleges that defendants retaliated against him for filing grievances and lawsuits. (Compl. (ECF No. 4).) The court entered a screening order permitting some claims to proceed, dismissing some claims with prejudice, dismissing other claims with leave to amend, and deferring a decision on plaintiff's application to proceed in forma pauperis. (Screening order (ECF No. 3).) Following plaintiff's deadline to amend the complaint, the court referred the action to the court's Inmate Early Mediation Program and stayed the case for 90 days. (Order (ECF No. 5).)

         The mediation was held on October 19, 2018 before Mediator David A. Stephens. (Mins. of Proceedings (ECF No. 10).) Plaintiff and defendants' representatives attended the conference. (Id.) A settlement was reached, and the essential terms of the settlement agreement were read into the record. (Id.) The essential terms of the agreement were that NDOC agreed to remove $247.33 of Stevens' debt owed to NDOC and that NDOC will provide plaintiff with an appointment with a medical professional to evaluate whether plaintiff has a need for an air mattress. (Id.)

         In light of the settlement, the court stayed the case for an additional 60 days to allow the parties to finalize the terms of their settlement agreement. (Order (ECF No. 13).) Plaintiff then moved to rescind the settlement agreement on the basis of buyer's remorse. (Mot. to Rescind (ECF No. 15).) Defendant responded by filing a motion to enforce the settlement agreement, ...


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