Simmons
Simmons v. Mischel
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. …