Opinion
No. 19-16425
08-11-2020
DELTON L. TAYLOR, Plaintiff-Appellant, v. HARISHKUMAR PATEL, Medical Doctor at Wasco State Prison; RICHARD LE, Medical Doctor at Wasco State Prison, Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 1:14-cv-01754-DAD-JDP MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Dale A. Drozd, District Judge, Presiding Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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.