Ronald Martinez v. M. Evans

MEMORANDUM

California state prisoner Ronald F. Martinez appeals pro se from the district court’s order denying his motion to invalidate the deduction of restitution from his settlement in his 42 U.S.C. § 1983 action alleging constitutional violations arising from a lockdown at his prison. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the issue of whether the district court had subject matter jurisdiction. Hagestad v. Tragesser, 49 F.3d 1430, 1432-33 (9th Cir.1995). We vacate.

The district court lacked jurisdiction to decide Martinez’s “Motion Alleging 42 U.S.C. § 1983 Preempts Cal. P.C.2085.5 Restitution Deduction from Settlement Agreement,” which Martinez filed after the court ordered dismissal with prejudice under Fed.R.Civ.P. 41(a)(l)(A)(ii). See Arizonans for Official English v. Arizona, 520 U.S. 43, 73 , 117 S.Ct. 1055 , 137 L.Ed.2d 170 (1997) (this court has an obligation to inquire into its jurisdiction and that of the lower court); Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994) (con- eluding that the district court lacked jurisdiction over a motion to enforce settlement following entry of a…