Simmons

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

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS WITHOUT

PREJUDICE

T. MISCHEL, et al., Re: Dkt. No. 66 Defendants.

13 In this action, pro se plaintiff Joyce Marie Simmons, a federal prisoner previously confined at the Federal Correctional Institution in Dublin, California (“FCI-Dublin”),1 filed suit against several FCI-Dublin prison officials for allegedly violating her constitutional rights. Following several rounds of briefing, one claim remained: Ms. Simmons’s claim for damages against the United States for supervisory negligence relating to an alleged battery by defendant Ashley Phillips under the Federal Tort Claims Act (“FTCA”). See Dkt. No. 51. On March 24, 2020, the Court referred the action to Judge Robert M. Illman for a settlement conference, and the parties reached a settlement of the action on July 22, 2020. Dkt. …