Unpublished Disposition, 925 F.2d 1470 (9th Cir. 1988)

MEMORANDUM^** 

Plaintiff-appellant Robert Lee Jennings, an inmate in the custody of the Arizona Department of Corrections, brought this civil rights action pursuant to 42 U.S.C. § 1983, claiming in essence he was struck by a prison guard and thereafter mistreated by prison authorities. While the matter was still in litigation, his attorney, S. Jeffrey Minker, filed a Notice of Claim with the state for damages arising out of the same incident. In acknowledgment of this claim, the state paid Jennings $1,750.00, and he signed on July 18, 1988 a notarized Release of All Claims encompassing the incident and the adverse parties in this lawsuit. On the basis of this settlement and release, the district court granted summary judgment on behalf of the state and over the objection of Jennings, who claimed the activities of his attorney in settling his claim were unauthorized. Jennings appeals.

Jennings knew that Minker had filed a Notice of Claim on his behalf, he accepted the settlement and the state's money, and he signed the release. Under the circumstances, nothing remained of his lawsuit, and the district court appropriately granted summary judgment.

AFFIRMED.