1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL JAMES HICKS, Case No. 1:18-cv-01481-KES-EPG 11 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT PLAINTIFF’S 12 v. SECOND MOTION TO WITHDRAW 13 H. ROBLES, et al., FROM HIS SETTLEMENT AGREEMENT BE DENIED 14 Defendants. (ECF Nos. 139, 146, 155) 15 OBJECTIONS, IF ANY, DUE WITHIN 16 THIRTY DAYS 17 18 I. INTRODUCTION 19 Plaintiff Michael James Hicks is a state prisoner proceeding pro se and in forma pauperis 20 in this closed civil rights action filed under 42 U.S.C. § 1983. Before the Court is Plaintiff’s 21 second motion to withdraw from his settlement agreement, which the parties signed on October 22 15, 2020. Plaintiff argues that he should be entitled to withdraw from that settlement agreement 23 because he claims that CDCR failed to properly pay debts from his settlement award. (ECF Nos. 139, 146, 155). Defendants Sotelo, Lucas, Robles, Martinez, and Voong oppose the motion, 24 arguing that they have complied with the terms of the settlement agreement. (ECF No. 156). 25 Upon review, the Court will recommend that Plaintiff’s second motion to withdraw from 26 his settlement agreement be denied. 27 \\\ 28 1 II. PROCEDURAL HISTORY 2 Plaintiff filed this case on October 26, 2018. (ECF No. 1). The parties then settled the 3 case, and the Court directed the Clerk of Court to close this matter on September 11, 2019, after 4 the parties filed a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 85). 5 On October 21, 2019, Plaintiff first moved to withdraw from his settlement agreement, 6 and the parties agreed to participate in a settlement conference before United States Magistrate 7 Judge Kendall J. Newman on October 2, 2020, to resolve their disputes. (ECF Nos. 87, 118, 131). 8 At the settlement conference, the parties reached an agreement to resolve this case along with 9 other Federal cases that Plaintiff had filed. (ECF No. 131). 10 The settlement agreement, dated October 15, 2020, provided that “CDCR shall pay 11 Plaintiff $11,350.00” to resolve his cases, with an acknowledgment that $4,900 had already been 12 paid towards this amount. (ECF No. 156-1, p. 4). It further contained provisions noting that part 13 of the settlement amount would go to satisfy Plaintiff’s debts. 14 However, Plaintiff understands that CDCR [i.e., the California Department of 15 Corrections and Rehabilitation] is obligated by California Penal Code section 2085.8 to collect any amounts owed by a prisoner under a restitution fine 16 or order, including any administrative fees related to such amounts. Such amounts and fees will be deducted from the settlement amount and paid on Plaintiff’s 17 behalf as required by Penal Code section 2085.8. If the settlement amount exceeds the restitution amounts and fees, the excess balance shall be paid by check to 18 Plaintiff’s inmate trust account. Plaintiff further understands that CDCR is 19 obligated to pay all outstanding liens against Plaintiff, known or unknown, if any, which amounts must be deducted from the settlement amount and paid on 20 Plaintiff’s behalf to the lienholder(s). 21 (Id. at 4-5). 22 After the parties stipulated to withdraw all pending motions in November 2020 following their settlement, nothing was filed in this case until nearly four years later, when Plaintiff filed his 23 second motion to withdraw from the settlement agreement on September 27, 2024. (ECF Nos. 24 136, 138, 139). 25 Generally, Plaintiff’s motion argues that CDCR failed to pay off all of his pending debts 26 as required by the settlement agreement, which has caused him financial harm. (ECF No. 139). 27 Plaintiff has supplemented his motion with additional argument in an amended request to 28 1 withdraw from the settlement agreement (ECF No. 146) and memorandum (ECF No. 155). 2 On December 16, 2024, Defendants filed an opposition to Plaintiff’s motion and 3 supplemental filings, arguing that CDCR has complied with the terms of the settlement 4 agreement. (ECF No. 156). Plaintiff filed a reply on January 6, 2025, and this matter is now ripe. (ECF No. 160). 5 III. SUMMARY OF THE PARTIES’ ARGUMENTS 6 Plaintiff’s motion and supplemental filings discuss a host of transactions on his trust 7 account statement, which he attaches as a supporting exhibit. (See ECF No. 139, pp. 6-12). 8 Generally, he asserts that CDCR has failed to pay two types of debts out of his settlement 9 proceeds: (1) a $350 filing fee for Hicks v. Chisman, et al., Case No. 3:13-cv-00505-SI in the 10 Northern District of California1; and (2) certain encumbrances that, while not fully explained, 11 relate (at least in part) to damages to state property, including a mattress. More specifically, 12 Plaintiff claims that, following his settlement, CDCR should have paid the full filing fee and 13 encumbrances owed. However, CDCR did not do so and is still deducting or encumbering 14 portions of his trust account. (ECF Nos. 139, 146, 155). Generally, he claims he was harmed 15 because he would have not spent money from his trust account in certain ways if he had known 16 that he still had outstanding debts that had not been paid. (See ECF No. 155, pp. 7-8). 17 As to the $350 filing fee from Case No. 3:13-cv-00505-SI, Defendants respond that the 18 filing fee was paid from the settlement amount in full and deducted from Plaintiff’s account. 19 (ECF No. 156, pp. 4-5). However, the check that was sent to the court (the Northern District of 20 California) was not cashed in the one-year period that the check was valid. Accordingly, the funds 21 “were automatically refunded to [Plaintiff’s] trust account.” (Id. at 4). After the funds were 22 refunded, “CDCR began deducting 20% of Plaintiff’s monthly income in order to fulfill this filing 23 fee.” (Id. at 5). As for the encumbrances, which include money owed for a damaged mattress, Defendants 24 contend that they are encumbered because “Plaintiff has refused to sign a Trust Account 25 Withdrawal Order” that permits CDCR to deduct the encumbered amounts from his trust account. 26
27 1 The parties only provided part of the case caption for this case, but the Court was able to locate it and takes judicial notice of this case. See Ray v. Lara, 31 F.4th 692, 697 n.4 (9th Cir. 2022) (taking judicial 28 notice of district court records). 1 (Id.). In support of their opposition, Defendants provide the declaration of their counsel, a copy of 2 the parties’ settlement agreement, a transcript of the settlement hearing, a declaration from a 3 CDCR employee (S. Saunders) that explains the transactions on Plaintiff’s trust account as well 4 as CDCR’s relevant procedures, and a copy of Plaintiff’s trust account statement that reflects all credits and deductions. 5 In his reply, Plaintiff asserts that CDCR should have immediately investigated the refund 6 of the $350 filing fee from Case No. 3:13-cv-00505-SI and mailed a new check. (ECF No. 160). 7 Further, he asserts that “the fact that [he] signed the settlement agreement gave express waiver of 8 any unsigned trust withdraw.” (Id. at 6). 9 IV. LEGAL STANDARDS 10 “The interpretation of a settlement agreement is governed by principles of state contract 11 law. This is so even where a federal cause of action is ‘settled’ or ‘released.”’ Botefur v. City of 12 Eagle Point, Or., 7 F.3d 152, 156 (9th Cir. 1993) (citations omitted). Once a party enters into a 13 binding settlement agreement, that party cannot unliterally decide to back out of the agreement. 14 See Doi v.
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL JAMES HICKS, Case No. 1:18-cv-01481-KES-EPG 11 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT PLAINTIFF’S 12 v. SECOND MOTION TO WITHDRAW 13 H. ROBLES, et al., FROM HIS SETTLEMENT AGREEMENT BE DENIED 14 Defendants. (ECF Nos. 139, 146, 155) 15 OBJECTIONS, IF ANY, DUE WITHIN 16 THIRTY DAYS 17 18 I. INTRODUCTION 19 Plaintiff Michael James Hicks is a state prisoner proceeding pro se and in forma pauperis 20 in this closed civil rights action filed under 42 U.S.C. § 1983. Before the Court is Plaintiff’s 21 second motion to withdraw from his settlement agreement, which the parties signed on October 22 15, 2020. Plaintiff argues that he should be entitled to withdraw from that settlement agreement 23 because he claims that CDCR failed to properly pay debts from his settlement award. (ECF Nos. 139, 146, 155). Defendants Sotelo, Lucas, Robles, Martinez, and Voong oppose the motion, 24 arguing that they have complied with the terms of the settlement agreement. (ECF No. 156). 25 Upon review, the Court will recommend that Plaintiff’s second motion to withdraw from 26 his settlement agreement be denied. 27 \\\ 28 1 II. PROCEDURAL HISTORY 2 Plaintiff filed this case on October 26, 2018. (ECF No. 1). The parties then settled the 3 case, and the Court directed the Clerk of Court to close this matter on September 11, 2019, after 4 the parties filed a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 85). 5 On October 21, 2019, Plaintiff first moved to withdraw from his settlement agreement, 6 and the parties agreed to participate in a settlement conference before United States Magistrate 7 Judge Kendall J. Newman on October 2, 2020, to resolve their disputes. (ECF Nos. 87, 118, 131). 8 At the settlement conference, the parties reached an agreement to resolve this case along with 9 other Federal cases that Plaintiff had filed. (ECF No. 131). 10 The settlement agreement, dated October 15, 2020, provided that “CDCR shall pay 11 Plaintiff $11,350.00” to resolve his cases, with an acknowledgment that $4,900 had already been 12 paid towards this amount. (ECF No. 156-1, p. 4). It further contained provisions noting that part 13 of the settlement amount would go to satisfy Plaintiff’s debts. 14 However, Plaintiff understands that CDCR [i.e., the California Department of 15 Corrections and Rehabilitation] is obligated by California Penal Code section 2085.8 to collect any amounts owed by a prisoner under a restitution fine 16 or order, including any administrative fees related to such amounts. Such amounts and fees will be deducted from the settlement amount and paid on Plaintiff’s 17 behalf as required by Penal Code section 2085.8. If the settlement amount exceeds the restitution amounts and fees, the excess balance shall be paid by check to 18 Plaintiff’s inmate trust account. Plaintiff further understands that CDCR is 19 obligated to pay all outstanding liens against Plaintiff, known or unknown, if any, which amounts must be deducted from the settlement amount and paid on 20 Plaintiff’s behalf to the lienholder(s). 21 (Id. at 4-5). 22 After the parties stipulated to withdraw all pending motions in November 2020 following their settlement, nothing was filed in this case until nearly four years later, when Plaintiff filed his 23 second motion to withdraw from the settlement agreement on September 27, 2024. (ECF Nos. 24 136, 138, 139). 25 Generally, Plaintiff’s motion argues that CDCR failed to pay off all of his pending debts 26 as required by the settlement agreement, which has caused him financial harm. (ECF No. 139). 27 Plaintiff has supplemented his motion with additional argument in an amended request to 28 1 withdraw from the settlement agreement (ECF No. 146) and memorandum (ECF No. 155). 2 On December 16, 2024, Defendants filed an opposition to Plaintiff’s motion and 3 supplemental filings, arguing that CDCR has complied with the terms of the settlement 4 agreement. (ECF No. 156). Plaintiff filed a reply on January 6, 2025, and this matter is now ripe. (ECF No. 160). 5 III. SUMMARY OF THE PARTIES’ ARGUMENTS 6 Plaintiff’s motion and supplemental filings discuss a host of transactions on his trust 7 account statement, which he attaches as a supporting exhibit. (See ECF No. 139, pp. 6-12). 8 Generally, he asserts that CDCR has failed to pay two types of debts out of his settlement 9 proceeds: (1) a $350 filing fee for Hicks v. Chisman, et al., Case No. 3:13-cv-00505-SI in the 10 Northern District of California1; and (2) certain encumbrances that, while not fully explained, 11 relate (at least in part) to damages to state property, including a mattress. More specifically, 12 Plaintiff claims that, following his settlement, CDCR should have paid the full filing fee and 13 encumbrances owed. However, CDCR did not do so and is still deducting or encumbering 14 portions of his trust account. (ECF Nos. 139, 146, 155). Generally, he claims he was harmed 15 because he would have not spent money from his trust account in certain ways if he had known 16 that he still had outstanding debts that had not been paid. (See ECF No. 155, pp. 7-8). 17 As to the $350 filing fee from Case No. 3:13-cv-00505-SI, Defendants respond that the 18 filing fee was paid from the settlement amount in full and deducted from Plaintiff’s account. 19 (ECF No. 156, pp. 4-5). However, the check that was sent to the court (the Northern District of 20 California) was not cashed in the one-year period that the check was valid. Accordingly, the funds 21 “were automatically refunded to [Plaintiff’s] trust account.” (Id. at 4). After the funds were 22 refunded, “CDCR began deducting 20% of Plaintiff’s monthly income in order to fulfill this filing 23 fee.” (Id. at 5). As for the encumbrances, which include money owed for a damaged mattress, Defendants 24 contend that they are encumbered because “Plaintiff has refused to sign a Trust Account 25 Withdrawal Order” that permits CDCR to deduct the encumbered amounts from his trust account. 26
27 1 The parties only provided part of the case caption for this case, but the Court was able to locate it and takes judicial notice of this case. See Ray v. Lara, 31 F.4th 692, 697 n.4 (9th Cir. 2022) (taking judicial 28 notice of district court records). 1 (Id.). In support of their opposition, Defendants provide the declaration of their counsel, a copy of 2 the parties’ settlement agreement, a transcript of the settlement hearing, a declaration from a 3 CDCR employee (S. Saunders) that explains the transactions on Plaintiff’s trust account as well 4 as CDCR’s relevant procedures, and a copy of Plaintiff’s trust account statement that reflects all credits and deductions. 5 In his reply, Plaintiff asserts that CDCR should have immediately investigated the refund 6 of the $350 filing fee from Case No. 3:13-cv-00505-SI and mailed a new check. (ECF No. 160). 7 Further, he asserts that “the fact that [he] signed the settlement agreement gave express waiver of 8 any unsigned trust withdraw.” (Id. at 6). 9 IV. LEGAL STANDARDS 10 “The interpretation of a settlement agreement is governed by principles of state contract 11 law. This is so even where a federal cause of action is ‘settled’ or ‘released.”’ Botefur v. City of 12 Eagle Point, Or., 7 F.3d 152, 156 (9th Cir. 1993) (citations omitted). Once a party enters into a 13 binding settlement agreement, that party cannot unliterally decide to back out of the agreement. 14 See Doi v. Halekulani Corp., 276 F.3d 1131, 1141 (9th Cir. 2002) (“At a time where the resources 15 of the federal judiciary, and this Circuit especially, are strained to the breaking point, we cannot 16 countenance a plaintiff’s agreeing to settle a case in open court, then subsequently disavowing the 17 settlement when it suits her. The courts spend enough time on the merits of litigation; we need not 18 (and therefore ought not) open the flood gates to this kind of needless satellite litigation.”). 19 Under California law, a party can rescind a contract only if the party’s consent “was given 20 by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with 21 the connivance of the party as to whom he rescinds, or of any other party to the contract jointly 22 interested with such party.” Cal. Civ. Code § 1689. “One seeking rescission on account of fraud 23 must be actually deceived by misrepresentation of a material fact and the other party must have intended to deceive by a misrepresentation of such material fact. Further, the party seeking to 24 rescind must rely upon the fraudulent representation to his injury and damage before he can have 25 the contract rescinded.” Contra Costa Cty. Title Co. v. Waloff, 184 Cal. App. 2d 59, 65 (Ct. App. 26 1960). 27 “Under California law, [a] settlement agreement is a contract, and the legal principles 28 1 which apply to contracts generally apply to settlement contracts.” Ashker v. Newsom, 968 F.3d 2 939, 944 (9th Cir. 2020) (alteration in original; citations, footnotes, and quotation marks omitted). 3 In California, “the elements of a cause of action for breach of contract are (1) the existence of the 4 contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) the resulting damages to the plaintiff.” Oasis W. Realty, LLC v. Goldman, 51 Cal. 4th 811, 5 821 (2011). 6 V. ANALYSIS 7 With these standards in mind, Plaintiff’s motion has not provided any basis for rescinding 8 the settlement agreement. He has not alleged any fraud or similar circumstances. While he alleges 9 that CDCR should have used the settlement proceeds to pay for certain encumbrances, he does 10 not allege that they fraudulently agreed to do so, without any intent to perform under the 11 agreement. Plaintiff does not identify any intent to deceive from Defendants regarding any 12 misrepresentation of material fact, nor does he explain how he was deceived at all. Plaintiff’s 13 motion to withdraw from the settlement agreement should thus be denied. 14 To the extent, that Plaintiff’s motion actually seeks to enforce the settlement agreement, 15 his motion likewise fails. Plaintiff does not dispute that CDCR paid the amount agreed upon in 16 the settlement agreement. (ECF No. 156-2, p. 2, declaration from CDCR employee noting 17 settlement amount was paid; ECF No. 156-2, pp. 8-9, Plaintiff’s inmate trust statement reflecting 18 settlement deposits). 19 Instead, Plaintiff is challenging the accounting of his trust fund since the settlement 20 agreement, including a court-ordered filing fee and encumbrances for property damage. However, 21 as discussed below, these issues are outside the scope of the settlement agreement and this 22 Court’s jurisdiction, and in any event CDCR has otherwise substantiated every withdrawal. 23 Plaintiff first raises the issue of the filing fee from Case No. 3:13-cv-00505-SI. Here, the settlement agreement provided as follows: 24 However, Plaintiff understands that CDCR is obligated by California Penal Code 25 section 2085.8 to collect any amounts owed by a prisoner under a restitution fine 26 or order, including any administrative fees related to such amounts. Such amounts and fees will be deducted from the settlement amount and paid on Plaintiff’s 27 behalf as required by Penal Code section 2085.8.2
28 2 Section 2085.8(a) provides as follows: “Compensatory or punitive damages awarded by trial or 1 (ECF No. 156-1, p. 4). 2 Further, there was an order in a different case—Case No. 3:13-cv-00505-SI—requiring 3 CDCR to pay the filing fee in accordance with 28 U.S.C. § 1915(b); specifically, instructing in 4 relevant part as follows: The initial partial filing fee listed on the attached order should be deducted by the 5 prison trust account office from the prisoner’s trust account and forwarded to the 6 clerk of the court as the first installment payment on the filing fee. This amount is twenty percent of the greater of (a) the average monthly deposits to the prisoner’s 7 account for the 6-month period immediately preceding the filing of the complaint/petition or (b) the average monthly balance in the prisoner’s account for 8 the 6-month period immediately preceding the filing of the complaint/petition. Thereafter, on a monthly basis, 20 percent of the preceding month’s income 9 credited to the prisoner’s trust account should be deducted and forwarded to the 10 court each time the amount in the account exceeds ten dollars ($10.00). The prison trust account office should continue to do this until the filing fee has been paid in 11 full. 12 (Case No. 3:13-cv-00505-SI, ECF No. 7, p. 2). 13 Plaintiff’s trust account statement reflects (ECF No. 156-2, p. 8), and Plaintiff does not 14 dispute (ECF No. 160, p. 3), that the $350 filing fee for Case No. 3:13-cv-00505-SI was deducted from his account and a check was sent to the court. However, the parties agree that, for unknown 15 reasons, the court did not cash the check and the balance was automatically refunded to him, with 16 CDCR thereafter paying portions of the filing fee as required by § 1915(b). (ECF No. 156-2, pp. 17 11-15). Thus, CDCR complied with the terms of the settlement agreement and the court’s orders, 18 but for reasons outside their control, the court returned payment and the funds thus had to be 19 deducted from Plaintiff’s trust account. 20 Plaintiff does not dispute these facts or allege that CDCR breached its obligations under 21 the settlement agreement. Instead, Plaintiff asserts that CDCR should have “immediately 22 research[ed] the reason for the return of the of a PLRA $350.00 check and return[ed] a fresh 23 check to the Court Financial Department instead of permitting it to lie dormant until the 24
25 settlement to any inmate, parolee, person placed on postrelease community supervision pursuant to Section 3451, or defendant on mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of 26 subdivision (h) of Section 1170 in connection with a civil action brought against a federal, state, or local jail, prison, or correctional facility, or any official or agent thereof, shall be paid directly, after payment of 27 reasonable attorney’s fees and litigation costs approved by the court, to satisfy any outstanding restitution orders or restitution fines against that person. The balance of the award shall be forwarded to the payee 28 after full payment of all outstanding restitution orders and restitution fines, subject to subdivision (c).” 1 Plaintiff’s settlement funds were tapped.” (ECF No. 160, p. 3). However, nothing in the parties’ 2 settlement agreement required CDCR to investigate the unlikely and unusual circumstances here 3 where Plaintiff’s check was not timely cashed and thus automatically refunded to his account. 4 Notably, CDCR is paying the filing fee from his account, in a manner provided by law and the order in Case No. 3:13-cv-00505-SI. Based on these facts, the Court finds no basis for Plaintiff to 5 withdraw from the settlement agreement or obtain an order from this Court enforcing the terms of 6 the settlement agreement. 7 Plaintiff also challenges certain encumbrances of funds on his trust account statement. 8 CDCR has responded that “[a]bsent a court order or applicable law, CDCR may not withdraw any 9 money from an inmate’s trust account to fulfill outstanding obligations, such as damage to state 10 property, unless the inmate signs a Trust Account Withdrawal Order,” which Plaintiff has failed 11 to sign. (ECF No. 156-2, p. 3). Plaintiff does not dispute Defendants’ representation that the debts 12 are issue “are debts for which Plaintiff has refused to sign a Trust Account Withdrawal Order” 13 and relate, at least in part, to damaged state property, including a mattress. (ECF No. 156-2, p. 4). 14 Rather than explain why he refused to sign a trust account withdrawal order for debts that he 15 purportedly wanted paid, Plaintiff asserts that “the fact that [he] signed the settlement agreement 16 gave express waiver of any unsigned trust withdraw.” (ECF No. 160, p. 6). 17 However, Plaintiff’s dispute is outside the terms of the settlement agreement and does not 18 warrant Plaintiff withdrawing from the settlement agreement or obtaining a court order enforcing 19 the settlement agreement. Plaintiff points to no provision of the settlement agreement that 20 concerns these debts or expressly authorizes CDCR to fulfill these debts using the settlement 21 proceeds without a Trust Account Withdrawal Order. The Court does not find that Defendant 22 breached the settlement agreement for requiring a Trust Account Withdrawal Order under these 23 circumstances.3 \\\ 24
25 3 In Plaintiff’s reply, Plaintiff also argues that CDCR is prohibited from collecting the filing fee in Case No. 3:13-cv-00505-SI or encumbering amounts on his trust fund statement for debts owed related to 26 damaging state property because these purported “liens” have been extinguished by voluntary restoration. The Court need not address these arguments raised for the first time in reply. (ECF No. 160, p. 3). Zamani 27 v. Carnes, 491 F.3d 990, 997 (9th Cir. 2007) (“The district court need not consider arguments raised for the first time in a reply brief.”). Moreover, it appears that Plaintiff’s objection is outside the scope of the 28 settlement agreement and this Court’s jurisdiction over this case. 1 VI. CONCLUSION AND RECOMMENDATIONS 2 Accordingly, IT IS RECOMMENDED that Plaintiff's second motion to withdraw from 3 | his settlement agreement (ECF No. 139) be denied. 4 These findings and recommendations are submitted to the United States District Judge 5 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty (30) days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court. Such a document should be captioned “Objections to Magistrate Judge's 8 Findings and Recommendations.” Any objections shall be limited to no more than fifteen (15) 9 pages, including exhibits. Any reply to the objections shall be served and filed within fourteen (14) days after service of the objections. The parties are advised that failure to file objections 8 within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 12 13 | IT IS SO ORDERED. "| pated: _February 12, 2025 [sf Fahey — 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28