Ackley v. Carroll et al

Filing 114

ORDER DISMISSING ACTION, With Prejudice, Pursuant To Fed. R. Civ. P. 41(A)(1)(ii), signed by Chief Judge Anthony W. Ishii on 08/20/2012. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONALD J. ACKLEY,

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Plaintiff,

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CASE NO. 1:06-cv-00771-AWI-BAM PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, PURSUANT TO FED. R. CIV. P.
41(a)(1)(ii)

v.
D. CARROLL, et al.,

(ECF No. 113)
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Defendants.
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Plaintiff Donald J. Ackley (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s complaint, filed June 19, 2006, against Defendant Wright for excessive force in violation

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of the Eighth Amendment, and Defendant Carroll for retaliation in violation of the First Amendment.

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A settlement conference was held on August 8, 2012, before the Honorable Barbara A.

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McAuliffe. A settlement agreement was reached between the parties and put on record. Defendants’

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counsel was to prepare and submit a stipulation to dismiss the action with prejudice, signed by

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Plaintiff and Defendants. This action was to be dismissed once the stipulation was submitted, with

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the Court to retain jurisdiction as necessary to enforce the settlement agreement.

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On August 17, 2012, Defendants submitted the signed stipulation to dismiss this action with

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prejudice.

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Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), this action is HEREBY

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DISMISSED, with prejudice. All pending motions are terminated. The Court retains jurisdiction

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to enforce the settlement as set forth in the August 8, 2012 court records. Each party shall bear their

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own costs.

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IT IS SO ORDERED.

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Dated:
0m8i78

August 20, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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