Joseph Becker v. Warden Sherman, et al.

Becker v. Sherman · United States District Court for the Eastern District of California · September 12, 2025 · No. 1:16-cv-0828 JLT HBK

Summary

The United States District Court for the Eastern District of California adopted in full the magistrate judge’s findings and recommendations concerning Joseph Becker’s request to reopen his dismissed civil-rights action based on an alleged breach of the parties’ settlement agreement. The court concluded that it had not retained jurisdiction over the settlement agreement and denied the request for relief.

Holdings

  1. The district court did not retain federal jurisdiction over the settlement agreement because the stipulated dismissal contained no explicit retention of federal jurisdiction and neither the settlement agreement nor its terms were incorporated into the dismissal stipulation or dismissal order.
  2. Any claim that defendants breached the settlement agreement must be raised in state court rather than through the closed federal civil-rights action.
  3. Even if plaintiff's request were construed as a Rule 60(b) motion, relief was unavailable because the request was not filed within a reasonable time.

Questions Presented

  1. Whether the district court retained federal jurisdiction to adjudicate an alleged breach of the parties' settlement agreement after dismissing the action with prejudice without expressly retaining jurisdiction or incorporating the settlement into the dismissal.
  2. Whether the plaintiff was entitled to reopen the dismissed case under Federal Rule of Civil Procedure 60(b) based on the alleged settlement breach.
  3. Whether the magistrate judge's findings and recommendations should be adopted after the plaintiff failed to file timely objections.

Disposition

other

Cases Cited (3)

  • Kelly v. Wengler, 822 F.3d 1085, 1095 (9th Cir. 2016)(followed)
  • Kang v. Harrison, 789 Fed. Appx. 68, 69 (9th Cir. 2019)(followed)
  • Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…