TAYLOR v. PATEL (2020)

United States Court of Appeals, Ninth Circuit.

Delton L. TAYLOR, Plaintiff-Appellant, v. Harishkumar PATEL, Medical Doctor at Wasco State Prison; Richard Le, Medical Doctor at Wasco State Prison, Defendants-Appellees.

No. 19-16425

Decided: August 11, 2020

Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.

Delton L. Taylor, Pro Se Catherine Woodbridge, Deputy Assistant Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA, for Defendants-Appellees

MEMORANDUM **

California state prisoner Delton L. Taylor appeals pro se from the district court's order denying for lack of subject matter jurisdiction his post-judgment motion to enforce a settlement agreement. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Kelly v. Wengler, 822 F.3d 1085, 1094 (9th Cir. 2016). We affirm.

The district court properly denied for lack of subject matter jurisdiction Taylor's post-judgment motion to enforce the settlement agreement because the court did not incorporate the terms of the settlement agreement into the dismissal order. See id. (a district court maintains ancillary jurisdiction to enforce a settlement agreement only where the court incorporated the terms of the settlement agreement into the dismissal order). Even if the terms of the settlement agreement were incorporated in the dismissal order, Taylor has not shown a breach of the settlement agreement.

AFFIRMED.

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