Armenta

BACKGROUND

In December 2016, Plaintiff Richard Armenta filed a civil rights complaint against prison officials at a correctional facility in San Diego, alleging that they

27 Citations refer to material in the Electronic Case File (“ECF”); pinpoint citations are to the ECF-generated page violated his Eighth Amendment rights by denying him surgery and medical treatment for a brain tumor. (ECF No. 1). In January 2022, the parties filed a joint motion to dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 110). The Court granted the motion and entered an order dismissing the action with prejudice. (ECF No. 112) Plaintiff thereafter filed several letters with the Court, claiming that Defendants failed to abide by the parties’ settlement agreement. (ECF Nos. 113, 114, 119, 122, & 123). On June 13, 2022, the Court held a hearing to assess the issue. (ECF No. 124). The next day, the Court entered an order granting Plaintiff forty-five (45) days to file a motion to set aside the dismissal. (ECF No. 125). On June 27, 2022,…