Burghardt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 DARRYL BURGHARDT, Case No. 17-cv-00339-BLF

Plaintiff,

ORDER GRANTING MOTION TO

v. REOPEN CASE AND ENFORCE THE

SETTLEMENT AGREEMENT

J. FRANZ, et al., [Re: ECF No. 128] Defendants.

12 In this case, Plaintiff Darryl Burghardt brought claims under 42 U.S.C. § 1983 for alleged violations of his First and Eighth Amendment rights during his incarceration at Pelican Bay State Prison. Before the Court is Defendant Franz’s motion to reopen the case and enforce the settlement agreement. ECF No. 128 (“Mot.”). The Court held a hearing on the record on April 6, 2023. See ECF No. 138. For the reasons stated on the record and explained below, the Court GRANTS the motion. I. BACKGROUND Plaintiff, a state prisoner, filed suit against prison officials at Pelican Bay. ECF No. 1. The Court determined Plaintiff was incompetent to proceed pro se and appointed counsel to represent…