NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 11 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DELTON L. TAYLOR, No. 19-16425
Plaintiff-Appellant, D.C. No. 1:14-cv-01754-DAD-JDP
v.
MEMORANDUM*
HARISHKUMAR PATEL, Medical Doctor
at Wasco State Prison; RICHARD LE,
Medical Doctor at Wasco State Prison,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted August 5, 2020**
Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 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.
2 19-16425