Buckley v. Scribner, et al

Filing 117

ORDER DISMISSING CASE re 116 Stipulation of Voluntary Dismissal signed by District Judge Lawrence J. O'Neill on 11/4/2013. CASE CLOSED. (Lundstrom, T)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8
EASTERN DISTRICT OF CALIFORNIA
9
10
ANTONIO CORTEZ BUCKLEY,

Case No. 1:04-cv-05622-LJO-MJS (PC)

11
Plaintiff,

VOLUNTARY DISMISSAL OF ACTION

12
v.

(ECF No. 116)

13
A. K. SCRIBNER, et al.,

CLERK TO CLOSE CASE

14
Defendants.
15
16
17

Plaintiff Antonio Cortez Buckley, a state prisoner proceeding pro se and in forma

18

pauperis, filed this civil rights action on April 26, 2004 pursuant to 42 U.S.C. § 1983. The

19

parties filed a notice of settlement on July 30, 2013. (ECF No. 111.) The Court stayed the

20

second scheduling order, vacated the pretrial conference, ordered the parties file joint

21

documents disposing of this matter upon settlement by not later than November 11, 2013,

22

and left intact the December 10, 2013 trial date pending parties’ compliance with the

23

foregoing. (ECF Nos. 113, 115.)

24

On November 1, 2013, the parties filed a voluntary stipulation to dismissal with

25

prejudice of the entire action. (ECF No. 116.) Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff

26

may dismiss an action without a court order by filing a stipulation of dismissal signed by all

27

parties who have appeared. The parties’ voluntary stipulation is sufficient as a notice of

28

dismissal under Rule 41.
1

Accordingly, pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED WITH

1
2

PREJUDICE.

3

The December 10, 2013 trial date is VACATED.

4

The Clerk shall CLOSE this case.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

IT IS SO ORDERED.
Dated:

20

/s/ Lawrence J. O’Neill

November 4, 2013

UNITED STATES DISTRICT JUDGE
21
22

DEAC _Signature- END:

b9ed48bb

23
24
25
26
27
28
2