Williams et al v. Woodford et al

Filing 104

ORDER DISMISSING CASE with prejudice signed by Magistrate Judge Sandra M. Snyder on 7/26/2011. CASE CLOSED.(Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 JOHN WESLEY WILLIAMS, CASE NO. 1:06-cv-01535-SMS PC 10 Plaintiff, ORDER DISMISSING ACTION, WITH PREJUDICE, PURSUANT TO FED. R. CIV. PROC. 41(a)(1)(A)(ii) 11 v. 12 JEANNE WOODFORD, (ECF No. 103) 13 Defendants. 14 / 15 Plaintiff John Wesley Williams (“Plaintiff”) is a state prisoner proceeding pro se and in 16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on 17 the first amended complaint, filed April 21, 2008, against Defendant T. Vasquez for violation of the 18 First Amendment. Defendant Vasquez filed an answer on December 3, 2009. On July 13, 2011, the 19 parties submitted a stipulation to dismiss this action with prejudice. 20 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) “the plaintiff may dismiss an 21 action without a court order by filing . . . a stipulation of dismissal signed by all parties who have 22 appeared.” The dismissal is without prejudice unless the stipulation states otherwise. Fed. R. Civ. 23 Proc. 41(a)(1)(B). The stipulation is signed by the parties and states the dismissal is with prejudice. 24 Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), it is HEREBY 25 ORDERED that this action is DISMISSED, with prejudice, and all pending motions are terminated. 26 IT IS SO ORDERED. 27 28 Dated: icido3 July 26, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 1

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