Malakkla

(PC) Harris v. Malakkla

Good Law
United States District Court, Eastern District of CaliforniaOctober 10, 20192:17-cv-02040California1,496 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID D. HARRIS, No. 2:17-cv-2040 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS N. MALAKKLA, et al., Defendants. 16 Plaintiff is a state prisoner who was proceeding pro se with a civil rights action under 42 U.S.C. § 1983. This action was closed on April 15, 2019 after the parties filed a stipulation for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a). (ECF Nos. 49, 50.) Plaintiff claimed he was not being provided with proper pain medication in violation of the Eighth Amendment. Presently before the court is plaintiff’s motion for trial (ECF No. 52), defendants’ opposition (ECF No. 53), and plaintiff’s reply (ECF No. 55). For the reasons set forth below, the court will recommend that plaintiff’s motion be dismissed for lack of jurisdiction. I. Plaintiff’s Request for Trial and Notice that Settlement was Under Duress Plaintiff has filed a motion requesting to have this matter heard…

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