Simmons

Simmons v. Mischel

Good Law
United States District Court, Northern District of CaliforniaMarch 24, 20205:18-cv-02193California1,124 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 JOYCE MARIE SIMMONS, Case No. 18-cv-02193-VKD

Plaintiff, ORDER REFERRING TO

SETTLEMENT PROCEEDINGS;

v. DENYING MOTION FOR

APPOINTMENT OF COUNSEL;

T. MISCHEL, et al., STAYING CASE Defendants. Re: Dkt. No. 53

13 In this action, pro se plaintiff Joyce Marie Simmons, a federal prisoner confined at the Federal Correctional Institution in Dublin, California (“FCI-Dublin”), filed suit against several prison officials for allegedly violating her constitutional rights. Dkt. No. 1. I. BACKGROUND With the Court’s leave (Dkt. No. 47), Ms. Simmons filed an amended complaint to attempt to state a claim under the Federal Torts Claim Act (“FTCA”). Dkt. No. 49. Defendants moved to dismiss the amended complaint for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure or, alternatively, for summary judgment under Rule 56. …

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